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(영문) 서울남부지방법원 2015.07.09 2014고단4540
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

[criminal power] On January 23, 2013, the Defendant was sentenced to a suspension of the execution of imprisonment with prison labor for six months for fraud, etc. in the Incheon District Court’s Branch Branch Branch, and the judgment became final and conclusive on June 28, 2013.

【Criminal Facts】

1. Fraud;

A. A. Around January 28, 2009, the Defendant borrowed the loan fraud stated to the effect that “If the Defendant lends KRW 10 million to the victim D, he/she shall pay 2% interest per month, and if it is requested to return the principal at any time when it is necessary, he/she shall return the principal.”

However, the Defendant had no special property at the time, and the credit card debt amounting to approximately KRW 40,00,000,000 for the lending company and the credit card debt amount to KRW 40,000,000, was placed in the situation where payment of the credit card amount borrowed from the victim is to be made or interest to the victim and other creditors is to be paid (i.e., inf., inf., the victim and other creditors), and there was no intention or

Nevertheless, the Defendant, as above, by deceiving the victim, received cash of KRW 10 million from the victim on the same day.

In addition, from that time until April 25, 2012, the Defendant received total of KRW 55,100,000 through 10 times in the same way as shown in the attached Table 1 of Crimes.

B. Around August 16, 2011, the Defendant said that “The Defendant would pay the principal and interest on the loan to the victim D at a place where it is not possible to know the location of Seocheon-si.”

However, the defendant did not have any intention or ability to fully repay the principal and interest of the loan even though he/she borrowed money with the loan due to economic reasons such as the contents of the paragraph (1).

Nevertheless, on August 16, 201, the Defendant had the victim pay 2.5 million won from the social loans E&P from around August 16, 201.

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