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(영문) 수원지방법원 성남지원 2014.09.18 2014고단1108
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is a person who has conducted credit sales business under the trade name of "E" in Gangnam-gu Seoul Metropolitan Government D building 502.

1. Fraud;

A. On October 17, 2013, the Defendant made a false statement to the victim F that “A” office calls from the victim F, and that “I would immediately repay money after 15 days if I would have borrowed money as I would have needed to pay money with business funds.”

However, in fact, the Defendant had a debt of KRW 300 million at the time, and the Defendant borrowed money from another person to pay interest and principal of the said debt, and thus, the Defendant did not have the intent and ability to repay it at time even if he borrowed money from the victim.

Nevertheless, the Defendant received a total of KRW 80 million from the victim to the single bank account in the name of “E” on the same day, and KRW 85 million from November 25, 2013 to the national bank account in the name of the Defendant, including KRW 85 million.

B. For the foregoing reason, the Defendant did not have the intent and ability to repay money from the victim G even if he borrowed money from the victim G.

Nevertheless, the Defendant, at the above office around October 23, 2013, made a false statement that “E” calls from the victim G, and “on the face of lending money as needed to pay money with business funds, he/she shall pay immediately after 15 days.” From the victim, he/she received KRW 50 million from the victim to one bank account in the name of “E” on the same day, and around November 1, 2013, he/she received KRW 56 million from the above national bank account in the name of the Defendant on November 7, 2013, KRW 25 million with one bank in the name of the said “E” and KRW 60 million with the national bank account in the name of the Defendant around November 15, 2013, KRW 30 million with the same account around November 25, 2013, and KRW 30 million with the same account in the name of the Defendant on the same day.

C. The Defendant committed the crime against the victim H, even if she borrowed money from the victim H for the foregoing reason, shall pay the money at the time.

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