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(영문) 창원지방법원 통영지원 2020.01.30 2019고단1345
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 2015, the Defendant: (a) around the end of 2015, at the Kafin near the B Hospital, the Defendant: (b) at the close of the B Hospital, the Victim C was able to receive the payment of the construction cost at the end of one month after the date; (c) at the time of loan of KRW 200 million, the Defendant was able to pay the 3-month interest on a monthly basis; (d) at the time of loan of 200 million won, and (e) at the time of loan of 300 square meters; and (e) at the time of the loan of , he was able to dispose of F Lending G owned by the Party E.

However, at the time of fact, the Defendant was suffering from financial difficulties to the extent that he could not pay 20,870,000 won to workers without certain income or property, and whether he could transfer 300 finite forest land D at the time of macroscoping. Also, there was a lack of collateral value, such as the establishment of senior collateral security right, which is the Defendant’s EF loans owned by the Defendant’s wife, such as the establishment of a senior collateral security right. In addition, even if all of the funds already received are insufficient to use for the payment of the existing personnel expenses, the Defendant did not have any intent or ability to pay them even if he borrowed money from the

As above, the Defendant received a total of KRW 100,000,000 from the victim on December 2, 2015, in total two occasions, including the transfer of KRW 100,000,000 to the H account under the name of Defendant E (I), and KRW 100,000,000 on December 9, 2015, respectively, under the same name as above, from the victim’s H account.

Accordingly, the defendant was given property by deceiving the victim.

The defendant and defense counsel asserts that the defendant had no intention or ability to repay the above 200 million won when he borrowed the above 200 million won from the victim.

However, the following circumstances recognized by the evidence duly adopted and investigated by this court, namely, the defendant received a contract from J, etc. at the time of borrowing the above money.

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