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(영문) 춘천지방법원 원주지원 2018.12.19 2018고단953
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be liable to the applicant B for the amount of 40,000 won by fraud and shall be liable for compensation.

Reasons

Punishment of the crime

The Defendant entered the “E golf practice hall” located in Do from around 2015 to April 2018, the Defendant collected money from the victim F, C, and B with real estate consulting services.

There have been a large number of real estate in the original state and Chuncheon, and Japan has 3.2 billion won claims in Japan, and there have been an application to purchase the benz car equivalent to 00 million won."

However, at the time of fact, the Defendant did not have any particular property or fixed income, used the 26 million won loan from a large number of financial companies, including G, and did not repay the debt due to the use of the 26 million won as the living expenses. In excess of his/her personal debt other than his/her financial rights, he/she did not have any intent or ability to repay the debt even if he/she borrowed money from the victims because he/she did not have any intention or ability to repay the debt in the so-called “return prohibition.”

Nevertheless, as the defendant had lent money to the victims with various false statements, he deceivings the victims, and received the money from the victims to use the money for the repayment of existing debts and living expenses.

1. On December 6, 2016, the Defendant against the Victim F is liable to pay the principal to the Victim F with the interest higher than the bank interest if he/she lends money to the Victim F, in a restaurant with the trade name “I” located in H at Won-si around December 6, 2016.

In order to plan investment in various location of real estate including the J land at Won-si, it was false that it can be repaid as much of profits.

However, in fact, the Defendant did not have any means as above, and there was no possibility of making a short-term profit due to real estate investment. Therefore, even if he/she borrowed money from the injured party, he/she did not have any intent or ability to repay it.

Nevertheless, the Defendant.

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