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(영문) 대구지방법원 안동지원 2016.12.20 2016고단766
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. A. Around August 30, 2013, the Defendant stated that “D” in permanent residence C is to be used to repay the victim E with the other person’s money. If the Defendant lent KRW 10 million to the victim E, the Defendant would receive and repay the money after one year.”

However, at the time, the Defendant had no intent or ability to repay the amount even if he borrowed money from the victim, since the Defendant’s guarantee liability was 32 million won, personal debt was 40 million won, and the income accrued from the operation of the head office was insufficient to repay interest accrued from the Defendant’s existing debt.

The defendant acquired 10 million won from the victim to the agricultural bank account of the defendant for the same day on the same day.

B. On April 29, 2014, the Defendant stated that “Gkju’s store operated by the Defendant at a permanent resident city F shall pay the Victim E KRW 13 million including the loan from the Defendant before he/she borrowed KRW 3 million, by March 30, 2015.” If the husband sells his/her life, he/she shall pay the said money.”

However, at the time, the Defendant had no intent or ability to repay the amount even if he borrowed money from the victim, since the Defendant’s guarantee liability was 32 million won, personal debt was 40 million won, and the income accrued from the operation of the head office was insufficient to repay interest accrued from the Defendant’s existing debt.

Around April 30, 2014, the Defendant acquired 3 million won from the victim to the agricultural bank account of the Defendant for the purpose of borrowing money.

2. On December 2013, 2013, when the Defendant borrowed money from a “G main store” operated by the Defendant who is permanently residing in F, the Defendant borrowed money from the Defendant via the Defendant, the victim E, who subsequently received the principal and interest from the borrower of the money from the Defendant.

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