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(영문) 수원지방법원 2015.06.25 2014고단4520
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 9, 2014, the Defendant was sentenced to imprisonment with prison labor for six months at the Suwon District Court for fraud, and the said judgment became final and conclusive on the 17th day of the same month.

1. On August 2, 2012, the Defendant stated that “The Defendant would purchase 25 tons of tea trucks and expand its business to the victim D,” and not provide loans in its name. The Defendant would receive loans from the victim of the tea shop in the form of a loan of KRW 89 million at the cost of the Jeju-si case with a loan of KRW 100,000,000,000 for the purchase cost of the car car and to have the principal and interest repaid each month.”

However, the defendant did not have the intent or ability to repay the principal and interest even if he purchased a car truck by having the victim obtain a loan.

On August 7, 2012, the Defendant, by deceiving the victim, had the victim borrow 89 million won from the HK Savings Bank, thereby purchasing a car-type truck with the above money wired, and then 50,597,397,397 only repaid and the remaining 38,402,603 won was not repaid.

2. On August 10, 2012, the Defendant: “Around August 10, 2012, the Defendant: (a) borrowed money to the victim; (b) sought a loan; and (c) provided that, at the prime case cost, the Defendant would give KRW 100,000 to the Party type E and offer a joint and several surety KRW 100,000 to the F.

However, the defendant did not have the intent or ability to repay the principal and interest even if he purchased a car truck by having the victim obtain a loan.

On August 24, 2012, the Defendant: (a) by deceiving the victim; (b) obtained loans from our Capital to KRW 68 million; and (c) additionally purchased a car-type truck by receiving the said money; and (d) obtained the pecuniary benefits equivalent to the said amount in a way that the Defendant would not repay the said amount to KRW 35,496,110; and (c) acquired the remaining KRW 32,503,890 in a way that the Defendant would not pay the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and E, respectively.

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