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(영문) 수원지방법원 2015.12.21 2015고단2146
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. Around May 2013, the Defendant stated that “A victim C, a workplace partner in Samsung Ste-dong Samsung Ste-dong Samsung Ste-dong Samsung Ste-dong, has insufficient money to sell real estate at auction,” and the Defendant would inform the Defendant of the method of receiving the loan if the victim does not have any amount of KRW 20 million,000,000,000,000,000 won. The Defendant said that “Around May 2013, 2013, if the Defendant borrowed KRW 550,000,000,000,000,000 won from the bank, including the interest on the loan, will be repaid every month.”

However, in fact, the Defendant was liable for a large amount of debt, such as loans and credit card payments, and the possibility of collecting the credit held by the Defendant was not clear that the credit was lent to the person who made a report, the number of days, etc., and there was no other property. Therefore, the Defendant did not have the intent or ability to pay interest or principal on the borrowed money to the victim. Moreover, the borrowed money borrowed from the victim did not be used in connection with auction, but rather was lent to the person who made repayment, news report,

On May 20, 2013, the Defendant acquired 70 million won from the victim to the account in the name of the Defendant from the Samsungdong Samsung Scompact bank in Masung-dong on May 20, 2013.

2. Around November 23, 2013, the Defendant stated that “I would like to give a lot of interest to the victim D, who is a workplace partner, at the Samsung-dong Samsung Sym-dong Symndong Symdong Symb shop,” and that “I would like to give a lot of interest if I want to sell money to the office at auction,” and that I would like to give a letter of notarial deed when I believe that I would like to pay the principal within one year and pay interest at 4% per month if I would like to believe that the victim would not have any more than 30 million won in annual office competition.”

However, the defendant was obligated to pay a large amount of debt, such as loans and card payments.

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