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(영문) 전주지방법원 군산지원 2018.08.22 2017고단628
사기
Text

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

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

Reasons

Punishment of the crime

[criminal records] On October 28, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Incheon District Court, and the judgment became final and conclusive on November 5, 2016.

[2] On February 2, 2015, the Defendant stated that “Around 2017, the 2017 Highest 628, the Defendant borrowed 10 million won from her husband to her husband who works as a rice farmer from her husband to her husband at her husband, but the her husband borrows her husband's her husband with her husband at her husband at her husband and her husband, and the her joint and several surety is changed.”

However, in fact, the Defendant was in bad credit condition without any particular property, and the Defendant was liable for a total of KRW 130 million, including KRW 70,000,000 and KRW 60,000,000 for personal debt to financial institutions. Therefore, even if the Defendant had a joint and several liability, the Defendant did not have any intent or ability to fully repay KRW 10,00,000,000 borrowed from H.

As such, the Defendant, by deceiving the victim, borrowed KRW 10 million from H on the same day, and had the victim pay the said money jointly and severally, thereby allowing the victim to pay the said money on behalf of the victim, thereby obtaining pecuniary benefits equivalent to the said amount.

"Around 15:30 on July 16, 2015, 2015, the Defendant: (a) from the J’s house located in Haasan-si around 15:30 on July 16, 2015, the Defendant: (b) “Around 5, 100,000 won of interest is being paid to Haasan-si with the other party’s loan of KRW 1,00,000,000,000 won; (c) first, if the Defendant borrowed 20,000 won of interest to pay the money, he/she shall first repay 1,00,000 won until December 30, 2015; and (d) the remainder 1,000 won shall be repaid until July 15, 2016.”

However, the Defendant was in bad credit standing without any particular property at the time, and was liable for a total of approximately KRW 120 million, including KRW 70,000,000 for personal debt to financial institutions, and KRW 50,000,000,000 for personal debt, and borrowed money from the victim in a way to prevent the repayment of other debt.

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