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(영문) 광주지방법원 2015.11.05 2015고단2257
사기
Text

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

Reasons

Punishment of the crime

On January 19, 2015, the Defendant made a false statement that “A” office in the automobile trading market in Seo-gu, Seo-gu, Gwangju, would make a loan to the victim E, who is a partner, applied for a loan with an in-house cash, three days after the payment. First, the Defendant made a false statement to the effect that D would make a repayment with the above loan three days after the payment of the debt amount of KRW 15,704,610 to the vehicle with a mortgage on which D was established, instead of paying the debt amount of KRW 15,704,610 to the vehicle with a mortgage.”

However, in fact, the defendant had the victim pay the personal debt of the defendant 1 capitals, not the above vehicle debt, and the defendant had no intention or ability to pay the above amount to the victim by extending the debt amount to 40 million won at the time.

The Defendant, by deceiving the victim as such, had the victim deposit KRW 15,704,610 into one bank account under the name of one-son designated by the Defendant, thereby having the victim repay his/her debt, thereby acquiring pecuniary profits equivalent to that amount.

around December 19, 2014, the Defendant made a false statement to the effect that “A” office in the “D” office in Seo-gu, Seo-gu, Seo-gu, Gwangju, calls from the victim F to the effect that “A loan is urgently needed, and an application for the loan will be made, and the loan will be made within this day.” The Defendant would pay money from the principal loan in lieu of the loan established on the vehicle.”

However, in fact, the defendant did not intend to repay the loans established on the vehicle, but had the victim repay his personal debt, and the defendant did not have any special property or monthly income at the time, but did not have any intent or ability to pay the above amount to the victim by not exceeding 60 million won.

The Defendant, by deceiving the victim as such, has the victim deposit KRW 26,120,660 into one bank account in the name of one-way, designated by the Defendant.

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