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(영문) 수원지방법원 안산지원 2014.02.06 2013고단1786
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

In the course of operating the head office in Ansan-si B with the trade name of "C", the Defendant did not have any revenue of KRW 20,000 through KRW 300,00 per day and there was no substantial property value of the Defendant’s property, and the Defendant did not have any intent or ability to fully repay the amount of the Defendant’s personal debt, such as the debt of KRW 20,000,000 to KRW 47,000,000,000,000 for operating funds and living expenses, etc., and it is difficult for the Defendant to repay the amount of the Defendant’s personal debt, such as the debt of KRW 20,000,000,000 to KRW 27,000,000,000 to KRW

Nevertheless,

1. On September 19, 2012, the Defendant made a false statement to the victim’s house located in the Nam-gu Incheon Metropolitan City E building 401, stating that “When the Defendant borrowed KRW 30 million from the loan to acquire and operate the street, the Defendant would repay the borrowed principal without a mold by the end of December 2012.”

On September 19, 2012, the Defendant received KRW 30 million from the victim as the loan deposit account (F) in the name of the Defendant.

2. Around October 8, 2012, the Defendant concluded that, by telephone, the Defendant would repay the borrowed principal to the victim without a molding from the end of December 2012, 2012, “if the Defendant borrowed the victim with an additional loan of KRW 10 million in addition to the need to do so, the Defendant first lent the loan to the victim, with the loan of KRW 30 million as well as the loan of KRW 30 million.”

On October 8, 2012, the Defendant received KRW 10 million from the victim as a loan deposit account of the said agricultural cooperative on October 8, 2012.

3. On November 14, 2012, the Defendant made a false statement that “If the Defendant borrowed KRW 10,000,000,000 to the victim’s monthly salary, the Defendant would complete the borrowed principal without a mold from the end of December, 2012.”

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