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(영문) 의정부지방법원 2015.05.04 2015고정763
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around January 2009, the Defendant stated that the victim C was able to lend money to the Government-Si Ba 101 of the Gyeonggi-do Government-si Ba 101, stating that the victim C was able to pay 5 million won or 5% interest.

However, in fact, under the circumstance that the Defendant is obliged to pay interest of at least three million won per month when the personal debt of the Defendant and the wife exceeds 200 million won, the Defendant is obliged to pay the interest from other persons in return for the loan of money, so-called so-called “it is difficult for the Defendant to pay the interest in a way, and to pay the existing personal debt with the money borrowed from the victim.”

As such, even if the Defendant borrowed money from the victim, he did not have the intent or ability to repay it.

Nevertheless, as above, the defendant deceivings the victim and received five million won from the victim in the face of the victim.

2. Around July 2009, the Defendant stated that “F” restaurant located in Dobong-gu Seoul Metropolitan Government E “F” refers to the victim’s lending of money to the victim at least KRW 10 million and KRW 3,000,000.

However, the defendant did not have the intent and ability to repay the borrowed money from the victim, such as the statement in Paragraph 1.

Nevertheless, the Defendant, as above, was urged by the victim and was given KRW 10 million from the victim's seat.

3. Around January 2010, the Defendant told the victim that “an urgent amount of money is necessary to the extent of KRW 10 million, and a second installment interest is leased to the victim” at a restaurant where the trade name in the Government Dong of the Gyeonggi-do Government is unknown.

However, the defendant did not have the intent and ability to repay the borrowed money from the victim, such as the statement in Paragraph 1.

Nevertheless, the Defendant, as above, was urged by the victim and was given KRW 10 million from the victim's seat.

4. The Defendant is at the place indicated in paragraph (1) around March 2010.

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