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(영문) 창원지방법원 통영지원 2018.04.25 2018고단16
사기
Text

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

Reasons

Punishment of the crime

[2018 Highest 16] The Defendant intends to lend money to the same insurance company's members at a restaurant operated by the victim D on April 24, 2017.

The purpose was to say that the Plaintiff would make payment after deducting 10 minutes from prior interest and 10 minutes from lending KRW 15 million.

However, in fact, the Defendant, at that time, was liable for a financial right amounting to KRW 45 million, and KRW 1.2 billion in bonds. Since the Defendant was in need of KRW 20 million or more in the month under the pretext of principal and interest on the above debt, there was no intent or ability to repay the money from the damaged party. Furthermore, even if the Defendant was to use the money borrowed from the damaged party for the repayment of the said personal obligation, the Defendant did not notify the injured party thereof.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained money of KRW 13.5 million on the same day from the victim to the passbook in the name of the Defendant; and (c) obtained money from around that time to July 12, 2017 through the same method on a total of 12 occasions, such as the list of crimes, and acquired money of KRW 115,80,000 through the same method, such as the list of crimes.

[2018 Highest 63]

1. On March 28, 2017, the Defendant may not lend money to the Victim E with the credit necessary to pay money.

The F will lend 10 million won to F without compensation within six months from the face of each week.

The phrase “the phrase was false.”

However, at the time, the Defendant had approximately KRW 45 million, and approximately KRW 1.2 billion, as the principal and interest of the above debt, and the Defendant had borrowed money as the principal and interest of KRW 20 million and had already been in a state of preventing the repayment of the interest on the money already borrowed. Therefore, even if the Defendant borrowed money from the beginning, it did not have any intent or ability to repay the interest to the victim even if he borrowed money from the beginning.

Nevertheless, the defendant, however, has the victim borrow 10 million won from F and deducted the victim's interest.

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