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(영문) 전주지방법원 군산지원 2018.11.07 2017고단745
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

When the Defendant was unable to prepare for the construction cost that the Defendant had been proceeding with C, the Defendant was willing to borrow money from the victim D who was living in the same village.

1. On April 26, 2016, the Defendant, at the Defendant’s house located in Yong-Gun E of the former North Korea on April 26, 2016, lent money to C, stating that “On the same day, the Defendant gains money from the Defendant’s house located in the construction site inside the river, thereby lending money to the Defendant.” On the same day, C, at the above Defendant’s house, would lend money borrowed within KRW 10 million from the Defendant’s house to the victim.

A false statement was made.

However, in fact, the Defendant couple was liable to pay the amount of KRW 80 million to the bank and its neighbors, and the credit card was unable to be used in the name of the Defendant couple because of good credit. During the construction site where the Defendant had been in progress, the Youngcheon Corporation was suspended due to the lack of intermediate payment and the lack of expenses incurred in other construction sites. Therefore, even if the Defendant borrowed money, there was no intention or ability to pay the money to the Defendant immediately.

Nevertheless, on April 27, 2016, the defendant deceivings the victim as above and was delivered KRW 10 million at the construction site of the former North Korea-gun, North Korea-gun, the construction site where the defendant was in progress, to the victim.

2. On May 27, 2016, the Defendant, at the Defendant’s house located in the North Korea-gun E, around May 27, 2016, paid money to C after three months if he/she had paid money.

In other words, "a loan to the victim" means a loan to the victim, and C, at the above defendant's office on the same day, shall provide the victim with the above-mentioned contents, with the loan of 5 million won within three months.

A false statement was made.

However, the facts are that the defendant's husband and wife are liable to the bank and its neighbors for the amount of KRW 80 million.

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