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(영문) 서울중앙지방법원 2016.10.27 2016고단1940
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

1. On June 2002, the Defendant borrowed 100 million won from the victim and did not repay the principal and interest within one week since he borrowed 100 million won as the amount of investment is insufficient to make an additional loan to the victim D, and the Defendant did not repay it. On September 2002, 200, there is a lack of funds for the victim on September 1, 2002, stating that “The 100 million won has been well invested, and the 100 million won has been more than 100 million won.” The Defendant further borrowed 100 million won from the victim, with the 100 million won borrowed prior to the loan of the 100 million won and the 200 million won interest will be repaid within one week.” The Defendant borrowed 10 million won from the victim, but did not repay it.

In other words, the Defendant again borrowed a total of KRW 350 million from the victim by the victim’s additional borrowing of KRW 150 million from the victim, stating, “The principal and interest will be repaid within a week if the Defendant lends KRW 150 million to the victim any more.”

On May 12, 2003, while the Defendant was attending the victim who demanded debt repayment, the Defendant prepared a loan certificate stating that “I will not communicate. I will pay the principal and interest KRW 350 million until May 18, 2003, and did not pay the above debt. I continued to have the victim attend the victim on February 12, 2004.” On February 12, 2004, the Defendant prepared a loan certificate stating that “I will return the loan certificate to 440 million won with respect to the failure to comply with the date of repayment of the loan.” On the other hand, I will return the loan certificate to the victim.

Nevertheless, the defendant does not continue to pay his obligation from the victim.

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