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(영문) 춘천지방법원 강릉지원 2012.12.28 2012고단320
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 1, 2005, the Defendant sent back the victim to the Defendant’s house located in Gangnam-si D, and concluded that “The Defendant would pay the victim the interest of twice a month with the profits through the operation of the fraternity, and pay the principal immediately before the end of a few months prior to the end of a few months, the husband’s occupation is clear, and the household at the 1st floor of the house where she lives within the country is giving a tax,” etc., and that “The above victim’s telephone is necessary to operate the accounts operated by her internal government, and since the fraternity is a person whose status is certain, it is not likely to be detached.”

However, in fact, from around 2003, the Defendant operated the Defendant’s lending of money from the Defendant’s Lice, but from the financial profits, the Defendant was unable to repay the loan interest and principal due to the loan from the above E, and the Defendant was not able to repay KRW 70 million out of the loan money. Furthermore, as the Defendant’s funds should be additionally invested in order to maintain the system because F et al. failed to pay the loan money normally, it was difficult to operate the system to the extent that the Defendant raised funds necessary for the operation of the system through credit card cash services. Moreover, the Defendant did not have any income except the proceeds from the operation of the system, and the Defendant did not have any assets. Moreover, the Defendant did not only did not have any income, but also did not have any financial obligation, such as approximately KRW 75 million, and KRW 10 million,000,0000,000,0000 from the Defendant’s household, and there was no intention or ability to repay the debt to G, even if he borrowed money from the victim.

The defendant deceivings the victim and is under his control.

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