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(영문) 전주지방법원 2017.05.12 2016고단1724
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 25, 2015, the criminal defendant against the victim C made a false statement to the victim C, stating that “I would pay 30 million won of money borrowed from the side on the side, if I would lend money.”

However, the fact is that financial institutions, loan companies, etc. have a debt worth of approximately KRW 160 million and it is difficult to pay interest on the above debt solely because there is no other special income except for the wage income, so there was no intention or ability to pay such debt even if it borrowed money from the victim.

On January 30, 2015, the Defendant, by deceiving the victim, received the remittance of KRW 15 million from the damaged person as the borrowed money.

2. On March 20, 2015, the Defendant: (a) made a false statement to the victim D, “Around the Cheongju-gun, Cheongdong-gun, Cheongdong-gun, Cheongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

However, as above, there is a debt worth KRW 160 million to the Defendant, and there is no other special income except for the wage income, making it difficult for the Defendant to repay the interest of the above KRW 160 million solely on the income, and thus, the victim did not have any intent or ability to repay the loan guaranteed.

As such, the Defendant, by deceiving the victim on March 20, 2015, borrowed KRW 10 million from the loan to the loan of KRW 10 million, KRW 10 million from the loan of KRW 50 million from the loan of KRW 50,000 from the loan of KRW 10,000,000 from the loan of KRW 10,000 from the loan of KRW 10,000 from the loan of KRW 50,000,00,000 from the loan of KRW 10,000 from the loan of KRW 10,000,000,000 from March 23, 2015, the Defendant entered into a joint and several guarantee contract with the victim on the loan of KRW 10,00 from the loan of KRW 10,00.

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