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(영문) 청주지방법원 2020.08.27 2019고단2815
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On September 21, 2018, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Daejeon District Court on September 21, 2018, and the judgment became final and conclusive on September 29, 2018.

【Criminal Facts】

1. The Defendant: “Around June 2015, the Defendant was going to a high-class car with a high-class car going to the victim B, and the re-satisfy, the Defendant told the said victim to the effect that “Around June 2015, the Defendant loaned its operating capital to operate the said house. Even if a loan is granted, the loan will be paid in full, and the interest will be paid in full.” Moreover, during December of this year, the Defendant would receive money from the mother, so that he would receive money from the mother up to the latest.”

However, in fact, at the time of the defendant's personal debt, the defendant used the borrowed money from the victim as personal debt repayment or living expenses, etc., and there was no intention or ability to repay the borrowed money from the victim even if he/she borrowed money from the victim because he/she did not receive any other money.

Nevertheless, around August 27, 2015, the Defendant, by deceiving the victim as such, received 4.8 million won from the victim to the bank account (D) in his/her own name, and by allowing the victim to receive or settle a sum of 45,566,615 won from around that time to December 9, 2015, as described in No. 1 to No. 12 of the Criminal List.

2. In a restaurant located in Daejeon around July 2016, the Defendant stated that “The Defendant shall obtain a loan of KRW 30 million from a person with low interest to obtain a loan from a person with low interest, and the joint and several sureties are different. Since the Defendant is fully repaid with the operation of the head office, there will be no damage topacters. Moreover, the Defendant shall also receive a full payment of money that he/she lent prior to the increase of the sales.”

However, at the time, the defendant's personal debts and taxes in arrears reach 80 million won, and even if he/she borrows money from liquor businessmen, he/she is given a preferential payment.

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