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(영문) 광주지방법원 2012.10.18 2012고단762
사기
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and six months;

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

Reasons

Criminal facts

The Defendants, as married couple in 197, were operating a cosmetic agent from around 1997, and were able to pay for business funds, living expenses, etc., and were charged with bonds at the end of the financial pressure, etc., and were urged to pay for the business funds, living expenses, etc., with no property, and did not pay for the debt of approximately KRW 400 million and the interest on the debt of KRW 30 million (per month to KRW 20 million to KRW 30 million). In short, the Defendants were able to borrow money from others even if having borrowed money from others, even though they did not have the intention or ability to pay for the money.

1. Defendants

A. From the end of May 198, the Defendants stated that “The victim E shall pay money to the victim E, “There is a third 29 square-type apartment complex of 19 square-type 3rd 29 square-type, which is sold by the mother F, and which is sold by the head of the Gu, sell in lots at KRW 80 million. If the head of the Gu falls short of the purchase price, the Defendants shall obtain an apartment as collateral and obtain a loan of KRW 40 million, and shall provide interest on the loan, instead of paying money.”

However, in fact, the Defendants did not have the intent or ability to pay the interest on the loans even if they borrow money from the victim, or sell the above apartment house in lots.

Nevertheless, on June 3, 1998, the Defendants: (a) by deceiving the victim; (b) obtained from the victim the delivery of KRW 28,400,000 from the “national investment trust” located in Suwon-dong, Gangnam-gu, Seoul; and (c) obtained the delivery of KRW 1,00,000 from the “national investment trust” to KRW 8,00,000 in cash; and (d) obtained the delivery of KRW 28,40,00 in four times as shown in the attached crime list (1) from July 18, 1998.

B. On May 27, 1997, the Defendants stated that “The victim I’s house located in the Gangnam-gu Seoul Metropolitan Government H is urgently required to pay money to the victim”, and that “The victim will pay money without any molding it after one month.”

However, even if the Defendants borrowed money from the victim, they did not have the intent or ability to repay it.

Nevertheless, the Defendants are above.

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