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(영문) 수원지방법원 2018.04.18 2017고단5048
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Fraud;

A. On January 24, 2008, the criminal defendant against the victim C shall pay the victim C interest at 1.5% per month if he/she lends money to the victim C by means of living expenses, etc.

The principal shall be repaid at any time when desired.

The phrase “ makes a false statement.”

However, from around 2008, the Defendant was liable to pay approximately KRW 500 million to the interest of KRW 10 million per month, while the Defendant had to pay the interest of the existing obligation with no special property and income, so-called “refiscing the repayment of the interest of the existing obligation,” so even if he borrowed money from the damaged person, the Defendant did not have the intent and ability to pay the interest.

The Defendant received KRW 5,00,300 from the injured party for the same day as the borrowed money, from that time to February 2012, from that time, the Defendant received KRW 81,131,300, in total, as shown in the List of Crimes (1).

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

B. On February 11, 2011, the criminal defendant against the victim D would pay interest to the victim D if he/she lends money to the victim D by means of living expenses, etc.

The principal shall be repaid at any time when desired.

The phrase “ makes a false statement.”

However, as described in paragraph 1(a), the Defendant had no intent and ability to repay the principal, even if she borrowed money from the damaged party, since he/she had borrowed money from another person from around 2008 to pay interest, etc. on existing obligations.

The Defendant received KRW 19.6 million from the damaged party to his account in the name of the Defendant, from the time on May 23, 2012, a total of KRW 56,445,00 from the time to May 23, 2012, including the transfer of KRW 19.6 million to the account under the name of the Defendant.

This is the defendant.

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