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(영문) 창원지방법원 통영지원 2017.05.12 2016고단860
사기
Text

Defendants shall be punished by imprisonment for one year and two months.

However, with respect to Defendant B, it shall be between two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 860"

1. On May 2, 2012, Defendant A: (a) from “F” operated by the victim E at the time of a grace period on May 2, 2012, Defendant A borrowed money to another person; (b) borrowed money from the victim to the other person; and (c) given that the principal would be recovered within one month.

“False speech” was made.

However, in fact, the Defendant did not lend the above money from the injured party, receive a high interest, and did not use it to another person, but did not obtain any security from the injured party and used it as gambling funds. Since the Defendant was in excess of his/her obligation, there was no intention or ability to repay the money even if he/she borrowed the money from the injured party.

Nevertheless, the Defendant received KRW 10 million in cash from the injured party on the same day, from March 20, 2013, from that time, from that time, the Defendant obtained a total of KRW 130 million as shown in the List of Crimes (1) from March 20, 2013.

2. Defendant B, on August 5, 2012, in the “F” operated by the victim E at L at L during a grace period on August 5, 2012, the Defendant loaned money to the victim as it is urgently needed to construct a penture in G at L. When lending money, Defendant B shall pay the principal by paying ten (10) interest at a prompt date.

“False speech” was made.

However, in fact, the Defendant borrowed approximately KRW 140,00,000 as security and purchased the above pented site with loans as security, and constructed the above pented site without one’s own capital, such as providing construction funds with loans as security, so even if the pented site was completed, there was a lot of debt to be preferentially repaid, and even if the pented construction was completed, the Defendant would pay interest to the victim even if he borrowed the above money from the injured party because there was no particular income at the time and there was no excess of the debt.

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