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(영문) 수원지방법원 2016.05.26 2016고단843
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On February 12, 2010, the Defendant: (a) within the territory of Seocheon-gu, Seocheon-si C, Seocheon-gu; (b) acquired E stores in Ansan-si; and (c) lent money to the victim B to obtain additional E stores in Seocheon-do; and (d) borrowed money to obtain additional E stores in Seocheon-do.

“The phrase “ was false.”

However, in fact, the Defendant intended to borrow KRW 17 million from the injured party to February 5, 2010 from around January 29, 2010, but did not acquire KRW 17 million from the damaged party due to the store location. The Defendant used the above KRW 17 million borrowed from the injured party for repayment of personal debt, etc., and even if the Defendant borrowed money from the injured party due to the Defendant’s awareness of the management of the collection of the F State in Busan D, the Defendant did not have any intent or ability to repay the borrowed principal and interest.

As above, the Defendant, by deceiving the victim as above, received money from the victim on February 12, 2010, KRW 3 million on April 22, 2010, KRW 5 million on April 22, 2010, KRW 10 million on May 3, 2010, and KRW 23 million on May 5, 2010, from the Defendant’s agricultural bank account.

B. The Defendant, around May 17, 2010, at the same place as the above paragraph (a) above, would give the said victim the interest on the third part of each month if he/she lends the money to the said victim to take over H store in Ilsan G department stores.

“The phrase “ was false.”

However, the Defendant did not have a plan to acquire H burial, and was thought to use other debt repayment and living expenses. At the time, even if the Defendant borrowed money from the damaged party due to the Defendant’s knowledge of the F State Collection and the operation of the E Burial, there was no intention or ability to repay the principal and interest of the loan.

As above, the Defendant, by deceiving the victim as above, received money from the victim on May 17, 201, KRW 5 million from the victim, and KRW 15 million on May 28, 2010, which was transferred to the Agricultural Cooperative Account of the Defendant.

2. On August 4, 2010, the Defendant against the victim I was at the same place as the above 1-A around August 4, 2010, and the victim I “F.D.”

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