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(영문) 수원지방법원 안산지원 2018.10.11 2018고단2107
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 26, 2013, the Defendant called, “A church-friendly victim C of the Gyeonggi-do 2122-1 Gyeonggi-do 2122-1 Gyeonggi-do 201, who had received a loan from his/her financial right, shall repay the loan by adding up KRW 8 million with interest to the amount of KRW 18 million that he/she has paid if he/she had paid interest, and shall pay 100,000 won per month as interest and make a full payment of the principal after one year.”

However, in fact, from May 2007, the Defendant was in arrears with the card use fee, and the principal borrowed from a savings bank, a capital loan, agricultural cooperative, a loan company, etc. was in excess of the amount of KRW 50 million. In addition, the Defendant thought that the Defendant’s living expenses and the loan was used as the cost of living with the victim in a situation where the person was not able to borrow money from the victim. In addition, the Defendant did not have the intent to repay the previous loan 18 million won, and there was no intention or ability to repay the loan in accordance with the loan agreement.

The defendant deceivings the victim as above and acquired the money from the victim to the corporate bank account (E) in the name of D as the borrowed money from the victim.

2. On February 10, 2015, the Defendant loaned KRW 25 million as deposit money to the victim for the establishment of an in-house 5 apartment parking lot in Singu-dong, Chungcheongnam-dong, Chungcheongnam-do, to the extent that the Defendant borrowed KRW 30 million as it is necessary to establish an in-house 5 apartment parking lot, and borrowed KRW 50,000 per month in advance within one year.

10 million won was referred to as "to pay 40 million won in full."

However, at the time, the Defendant had a credit rating of KRW 10,00,000, the Defendant had a loan obligation of KRW 90,000 with a credit rating of KRW 10,000,000, and as a result, living expenses and loans have not been appropriated by a person, the Defendant was thought to use money for living expenses and stock investments, and there was no intention to receive additional loans, as agreed upon.

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