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(영문) 제주지방법원 2020.08.14 2019고단1097
사기
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operated a packing horse in the vicinity of the one square in Seocho-si, and the victim B is a person who supplied glutinous rice on the packing horse operated by the defendant.

1. Around May 30, 2013, the Defendant said that “Around May 30, 2013, the Defendant provided that “Around May 30, 2013, the Defendant would give two (2) interest per month if he/she lends money that he/she needs to pay, and he/she will fully pay by May 30, 2014.”

However, at the time, the Defendant paid interest every month to a financial institution, etc., and was unable to refund the security deposit to the purchaser of the real estate owned by the Defendant. The Defendant’s claim against C was in a situation in which it was impossible to recover due to the aggravation of the economic situation of C, while there was no certain income or property. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the amount.

Nevertheless, the Defendant, by deceiving the victim as above, received five million won in cash from the victim on May 30, 2013, and received five million won in total from around that time to December 7, 2013 as indicated below [crime List] from around that time, and received from the victim five times as indicated below.

[Crimes List] On May 30, 2013, when lending money of 5,000,000 on May 30, 2014 from May 30, 2014, the monthly interest will be given and repaid within the due date.

2. From October 1, 2013, around July 1, 2013, 5,000,000 on June 30, 2014, around October 11, 2013, around November 15, 2014, around November 10, 2014, around November 15, 2014, around November 10, 200,000; and

2. On February 3, 2015, the Defendant related to joint and several sureties borrowed five million won from D, and said, “The Defendant would pay 5 million won without money from D, 76 years of age” to the victim B (hereinafter “B”).

However, the defendant bears a large amount of liability to financial institutions at the time, etc. every month.

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