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(영문) 인천지방법원 2015.09.03 2015고단3946

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is bound, and C was faced with the difficulties of operation due to excessive debts between the Defendant and C, and was discussed with C, to address the situation, the Defendant was a single aggregate customer for about 10 years, and the Defendant borrowed money from the victim D, trusting the Defendant, and then C raised funds to use the money for the funds for the account of the acceptance of the contract.

However, in the year 2008, it is difficult for the above C to borrow additional money from the victim because it has already been lent KRW 20,000 to the victim and has been urged to repay due to its failure to pay the money, and the victim was well aware of the fact that C would not lend money any more to C, and the Defendant or C was well aware of it, thereby making the victim borrow money from the victim in the above manner.

In addition, C had an excessive obligation exceeding KRW 200 million to many persons at the time, and it had no intent or ability to repay money even if it borrowed money due to the lack of economic circumstances to the extent that the electricity fee of the party at which the performance of the performance of the performance of the contract was unable to be paid. The Defendant was well aware of the difficult situation of C, and if the Defendant did not have any surplus property and borrowed money from the victim, the Defendant did not have any intention or ability to pay the money even if he did not borrow money from the victim.

On June 15, 2010, the defendant believed that "if it is necessary to do so with the business funds in the city, if it is loaned KRW 50,000,000 per 1 million per month, it shall be paid 1 million per month, and only 3 months shall be paid." On June 16, 2010, the defendant believed that "if it is necessary to do so with the business funds in the city, it shall be paid 50,000 won per month, it shall be paid 10,000 won per month." The defendant's June 16, 2010.