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(영문) 춘천지방법원 2017.08.10 2017고단319
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On February 25, 2016, the defrauded of the borrowed money: (a) the Defendant calls from the victim C at an insular area of Hongcheon-gun, Hongcheon-gun (Seoul) (hereinafter “Seocheon-gun”); and (b) the Defendant would pay KRW 10 million interest on a monthly basis.

“Falsely speaking,” and again, on March 31, 2016, if the victim calls again and lends 20 million won to the victim an additional amount, then the interest shall be paid twice a month.

The phrase “ makes a false statement.”

However, the Defendant, without any particular property at the time, was in excess of the obligation due to the Defendant’s burden of the debt amounting to KRW 380,000,000 to financial institutions, family members, etc., and was in excess of the obligation. From October 2013, when operating the number community, D et al. failed to pay the total amount, and as a result, D et al. did not pay the remainder of the total amount at the time of the loan. In addition, the Defendant was planned to pay the total amount of money borrowed from the damaged party as the total amount of money from the number fraternity or to use it for personal purpose, such as repayment, so there was no intention or ability to pay the amount even if borrowing the money from the damaged party.

Defendant deceiving the victim as above and transferred KRW 10 million from the victim on February 25, 2016 to the victim on or around February 25, 2016, and acquired KRW 30 million in total as the borrowed money by remitting KRW 20 million again around April 2, 2016.

2. Fraud of mutual savings banks;

A. On May 30, 2016, the criminal defendant against the victim C by telephone to the victim C at an irregular area of Hongcheon-gun, Hongcheon-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City) on May 30, 2016, the criminal defendant against the victim C would pay the amount of money to the prescribed order when he/she paid the amount of money to be paid to the victim C by organizing the number system of 26,000 won per month.

3 At the time of subscription for the old account, it is sufficient to pay 3 million won after deducting 600,000 won from 3.6 million won per month the interest of the borrowed money, as described in paragraph (1).

“A false representation was made.”

However, in fact, the Defendant organized the above numbers of soldiers on May 2016, and 16 members including Defendant, Victim, D, E, etc.

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