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(영문) 전주지방법원 군산지원 2015.05.27 2014고단251
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On August 8, 2011, the Defendant was not able to engage in financial transactions under his own name with a bad credit standing, and there was a debt equivalent to KRW 530 million to E, and KRW 100 million to F. At the time, the Defendant was working in the earth and sand gathering site, but the Defendant was not able to repay its income even if he borrowed money from the victim D(59 years of age) because it was under financial circumstances.

1. On August 201, the Defendant stated in the “H coffee shop” located in Gunsan-si, Gunsan-si, that “a fund is needed to additionally develop the grant hall” to the victim. If the Defendant borrowed KRW 120 million to the victim, it would be possible to repay the funds to the victim immediately because it would be possible to collect the funds because it would be developed in 2,3 months after the second and third months.”

However, even if the Defendant borrowed money from the victim as above, the Defendant did not have the intent or ability to pay the money normally, and the Defendant intended to further purchase money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the Agricultural Cooperative Account (I) designated by the Defendant on August 31, 2011, and received the remittance of KRW 100 million from the victim.

9.1. On January 1, 200, 200,000 won was received in cash at the “K coffee shop” in the J of the Kunsan-si, Gunsan-si, and acquired 120 million won in total.

2. Around September 20, 2011, the Defendant called the victim to the effect that “Around September 20, 2011, the Defendant is required to leave the permission to the grant Party, and it is urgently required to pay KRW 20 million with the cost of solving civil petitions for civil petitions arising from the factory on the access road tin. On the basis of the resolution of civil petitions, the Defendant made a false statement to the effect that “A person shall immediately repay the payment including the borrowed funds, because he/she may receive the payment in advance on the part

However, even if the Defendant borrowed money from the victim as above, the Defendant did not have the intent or ability to pay the money normally, and did not have the intent to use the money in the grant and borrow money from the victim.

The defendant deceivings the victim to do so.

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