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(영문) 수원지방법원 2017.03.21 2016고단5660

사기

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. While the Defendant was operating a loan fraud with the trade name “C”, the Defendant was operating the loan fraud. On January 9, 2015, in the victim E’s residence located in Si/Gunpo-si around January 9, 2015, “the funds for operating the loan is needed.”

The interest on 1.5 copies per month shall be paid and repaid at the time of lending money.

The phrase “ makes a false statement.”

However, in fact, while the Defendant did not have any particular property at the time, the Defendant had a debt equivalent to KRW 60,000,000,000,000,000,000,000,000,000,000,000,000 was lent to the Defendant, and the Defendant did not have any intent or ability to repay, even if, under the circumstances of the enemy, there was no sufficient funds to use the amount in repayment of the living cost and the principal and interest of the loan.

The Defendant received KRW 3 million from the injured party to the Agricultural Cooperative account under the name of the Defendant for the same day on the same day, and acquired the money by transfer from September 7, 2015 as stated in the List of Crimes, including the transfer of KRW 20,000,000 from the injured party to the Agricultural Cooperative account under the name of the Defendant.

B. The Defendant, at around February 25, 2015, subscribed to the “21 number fraternity (20 million won per 1 million won per month, and paid 200,000 won per month, including interest rate of 200,000,000 won, from the time when the amount of the fraternity was to be paid) organized by the injured person at the residence of the said injured person,” and paid three and five times a monthly payment from the time when the Defendant came to the “3 and five times each week from the beginning of the payment to the time when the amount reaches 21,000 won.”

The phrase “ makes a false statement.”

However, in fact, even if the defendant's self-sufficiency is supported by the above paragraph (a), there was no intention or ability to pay the monthly payment continuously.

As above, the defendant deceivings the victim as above and is listed in the list of crimes attached to him from the damaged person, the defendant shall be charged with KRW 20 million as a gold No. 3 of April 25, 2015 (16 million).