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(영문) 의정부지방법원 2016.09.08 2015고단4905
사기
Text

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

Reasons

Punishment of the crime

【2015 Highest 4905】

1. On February 17, 2014, the Defendant stated that “Around February 17, 2014, the Defendant borrowed KRW 10 million to B, the Defendant would receive a loan by finding out design drawings and performing construction works in the design office with the money from the victim D.”

However, in fact, the defendant used the money borrowed from the victim to pay his/her personal debt, and the defendant did not have any intent or ability to repay the money borrowed from the victim with the loan proceeds.

The Defendant received KRW 10 million from the victim to the NongHyup Bank (F) account in the name of E around the 19th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant who committed the crime of March 6, 2014, around March 6, 2014, deleted the mortgage created on the vehicle within the limit of KRW 4.5 million and paid money from March 3 to 4, 2014 if he/she lent 4.5 million to the victim at the mutual infinite coffee shop located in Yangju-si, Yangju-si.

The phrase “the expression was false.”

However, the defendant did not have any particular property at the time, and only he did not have any intent or ability to pay the money that he received from the victim.

The Defendant received 4.5 million won from the victim to the NongHyup Bank account (F) in the name of E around the 19th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

【2016 Highest 12 (Merger)】

1. Around July 13, 2009, the Defendant made a false statement with the victim H, a partner of the victim G, in the vicinity of the Yangju-si, stating that “within one week the Agricultural Cooperative loan of KRW 10 million has been lent to I under the pretext of credit assessment value, and KRW 6 million has been sent to I under the pretext of credit assessment value, and the remainder of KRW 4 million has been sent.”

However, the defendant did not have the intent or ability to repay even if he borrowed money from the victim.

Accordingly, the defendant deceivings the above victim and belongs to it.

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