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(영문) 광주지방법원 2018.07.18 2017고단4527
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2017 Highest 4527" was planned to lend money from the victim C to use it as his/her personal debt or living expenses, and even if he/she borrowed money from the victim due to the financial institution's debt worth KRW 27 million due to the absence of a fixed amount of income at the time, he/she did not have any intention or ability to repay it.

Nevertheless,

A. On September 13, 2016, the Defendant is urgently required for the Victim C at the Gani-ro Insurance Office located in Geumnam-ro 5 A, Dong-gu, Dong-gu, Gwangju, with the amount of KRW 10 million for Li-gu business.

In this regard, it was false that 40,000 won will be paid each month and 3 months will be paid later.

The Defendant was transferred from the injured party, i.e., KRW 10 million to the account in the name of the Defendant in the name of one bank under the name of the Defendant.

B. On September 27, 2016, the Defendant: (a) around September 27, 2016, leased money to the victim at the same place as the foregoing paragraph (a).

In this regard, it was false that 40,000 won will be paid each month and 3 months will be paid later.

The Defendant was transferred from the injured party, i.e., KRW 10 million to the account in the name of the Defendant in the name of one bank under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

The Defendant, “2018 Highest 252,” even if receiving money from the victim B as the time deposit, was thought to use it for living expenses, existing debt repayment, etc., and did not have any certain income at the time, and did not have any intent or ability to pay a credit to the victim as the financial rights and personal debts were not capable of paying the credit. On February 4, 2017, the Defendant organized the victim at the “E Office located in Gwangju Northern-gu, Gwangju, the 11 and 5 million won credit card to the victim (4, 5, 6).

"Falsely speaking and deceiving the victims" shall be KRW 150 million on February 2, 2017, and KRW 1500,000 on February 24, 2017, as the term "amount of money" from the victims.

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