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(영문) 수원지방법원 여주지원 2015.04.20 2014고단802
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

On June 201, the Defendant: (a) borrowed KRW 45 million from D around June 201; (b) borrowed KRW 18 million from E around December 201; and (c) was difficult to pay interest above KRW 6 million per month on the said borrowed money; (d) borrowed money from the victim B and C to pay a high interest rate of KRW 6 million; or (e) organized a system that is difficult to operate normally; and (e) purchased money from the victim B to use it as interest on the existing borrowed money and interest on borrowed money from the victims.

1. Fraud against the victim B;

A. On January 20, 2012, the Defendant stated to the victim F, F, 301, and B that “If the Defendant lends money to an insurance solicitor in need of advance, he/she shall give a high interest if he/she lends money to him/her, and he/she shall pay the money only once a month.”

However, as above, the Defendant had already been liable to D and E in excess of KRW 60 million, and was unable to pay the interest accrued therefrom properly. Even if the Defendant borrowed money from the victim, the Defendant attempted to use the money as interest, etc. on the existing borrowed money and the victim’s borrowed money, and did not plan to lend money to others and receive interest, and thus, the Defendant did not have the intent or ability to pay the interest and the principal as agreed to by the victim.

Ultimately, the Defendant, as above, by deceiving the victim as above, received 6 million won from the victim to a new bank account in the name of his father G on the same day, and in such a manner, received a total of 7,1450,000 won over 11 times until June 12, 2013, as shown in the annexed List 1.

B. On November 2012, 2012, the Defendant called the victim and organized a 13-year number system where the 13-party H was his mother, and entered the 13-year number.

630,000 won per month.

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