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(영문) 부산지방법원 동부지원 2018.01.24 2017고단2180

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of "2017 Highest 2180" is the relationship between the victim C and the elementary school.

On December 28, 2015, the Defendant would lend the funds for the loan business operated by the victim to the victim in Busan-gun, Busan-gun on December 28, 2015.

The phrase “ makes a false statement.”

However, in fact, the defendant thought that he will lend money from the damaged party to repay the existing debt, but he did not intend to use it as the loan business fund.

In addition, the defendant did not have any special property under the name of the principal at the time, and since most of his income was paid in the amount of KRW 300 million among individuals as interest, even if he borrowed money from the victim, there was no intention or ability to pay the principal to the victim.

As above, the Defendant: (a) deceiving the victim as above; (b) received 20,000,000 won from the victim as the loan money on the same day from the victim; and (c) obtained a total of 73,00,000 won from the victim under the same name, such as the statement in the list of crimes from around that time to June 30, 2016, and obtained a total of 10 times from the victim as shown in the list of crimes.

"2017 Highest 2642"

1. On December 30, 2015, the Defendant: (a) around 09:30 on December 30, 2015, at the home of the Victim F in Busan, Daegu, the Defendant extended the Victim F, “30 million won to the victim and paid 3.3% interest at the end of the month on which he/she borrowed the Victim F, and repaid it within two years.

Inasmuch as money entered between 10,000 and 200, “I will immediately make a statement if necessary at least two months prior to the entry.”

However, the defendant did not have the intent or ability to return the agreed profit or the principal, even if he received money from the injured party due to the shortage of living expenses, because the loan business operated by the defendant gave rise to the shortage of funds and bears the obligation of 100 million won without any particular property or income.

Accordingly, the defendant deceivings the victim as above and belongs to it.