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(영문) 의정부지방법원 2016.05.30 2015고단4587
사기
Text

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

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

Reasons

Punishment of the crime

1. On January 2014, the Defendant committed the crime against the victim C is expected to use the old agricultural and fishery products in each market, “20 million won, if they were to be lent to the victim for one year,” and to give KRW 600,000 per month to the victim in each market.

The phrase “ makes a false statement.”

However, as the Defendant was a person of bad credit standing at the time, “D” operated by the Defendant was in excess of KRW 600 million, and for this purpose, from around 2012, the Defendant was liable for the debt, and the Defendant was in the form of “ir repayment” in the name of the repayment of the existing debt by borrowing new money from the said debt, and thus, there was no intention or ability to pay the debt as promised even if the Defendant borrowed money from the injured party.

Nevertheless, the Defendant received KRW 10 million from the injured party on January 17, 2014 to the E-mail account on or around January 17, 2014, and received KRW 10 million on or around January 24, 2014, and transferred KRW 20 million to the same account on or around January 24, 2014.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On March 24, 2014, the Defendant committed a crime against Victim F with the victim F at the “H” office of the Defendant’s dong E’s operation in Namyang-si, Namyang-si, the Defendant would lend KRW 30 million to the victim F after one year, and would make a change to the victim F after one year, and pay the interest on KRW 3 of the month.

The phrase “ makes a false statement.”

However, as the Defendant was a person of bad credit standing at the time, the Defendant’s “D”, which was operated by the Defendant, had a debt worth of KRW 600 million. To this end, from around 2012, the Defendant loaned a loan to the Defendant and was liable for its debt, and the Defendant paid the loan to the Defendant in the form of “return” under the name of the repayment of the existing debt by borrowing a new loan from the said debt and repaying the said debt. Therefore, even if the Defendant borrowed money from the injured party, it is promised to pay it.

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