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(영문) 전주지방법원 2017.12.14 2016고단379
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. Fraud against victim D;

A. On August 17, 2012, the Defendant, at the Defendant’s house located in the Defendant’s home located in the North west-gun, North Korea on August 17, 2012, provided the Defendant with the Defendant with the benefit of KRW 10 million on or after four (4) months after the date of loan.

“A false representation was made.”

However, at the time of the fact, the Defendant operated the fraternity as the owner, and the amount of the borrowed money was approximately KRW 50 million due to the shortage of the funds, and the Defendant had no intention or ability to repay the borrowed money as agreed upon by the bad credit standing, because the circumstances in which the fraternity was unable to receive the guidance from the members were repeated while operating the fraternity, thereby preventing the Defendant from returning the borrowed money to other members.

As such, the Defendant, by deceiving the victim, was transferred from the victim, to the account in the name of F designated by the Defendant, KRW 10 million as the borrowed money.

2. Fraud against victim G;

A. The Defendant, around 14:00 on February 12, 2012, lent money to the Defendant at the Gidong-gu, Geumdong-gu, Geumdong-gu, Geumdong-gu, Geumdong-dong, for the purchase of equipment and equipment for the Lidong-dong-dong-dong-dong-dong-ro, and paid the Defendant with interest on three (3) monthly, and with the repayment of the term of care provided during the twelve (12) months.

“A false representation was made.”

However, at the time of the fact, the Defendant, as the owner of a fraternity, operated the fraternity, had a total of KRW 50,000,000,000 for the Defendant’s obligation to pay the deposited fraternitys due to the shortage of funds, and the situation where the Plaintiff was unable to receive the fraternitys from the members while operating the fraternity was repeated, thereby preventing the Plaintiff from returning the time deposits to other members, and there was no intention or ability to repay the borrowed money as the Defendant promised because of the absence of any property due to the bad credit.

As such, the Defendant, by deceiving the victim, was transferred from the victim, to the account in the name of H or F designated by the Defendant for the purpose of borrowing KRW 15 million from the seat.

(b).

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