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(영문) 춘천지방법원 원주지원 2019.10.30 2018고단774
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding one million won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

Around October 11, 2014, the Defendant concluded that “Around October 2018, the Defendant would return the principal immediately if he/she received a return.”

However, in fact, from around 2009, the Defendant continued the so-called “overright” to borrow bonds or receive a credit card loan again in order to resolve the debt that resulted from unreasonable receipt of credit card loans in order to raise the performance as an insurance designer. Since there was no particular property or income source, the Defendant borrowed money from the victim and did not have the intent or ability to pay the principal and interest at the time.

As above, the Defendant, by deceiving the victim and being given KRW 2,00,000 on the same day from the victim as the loan money, was granted from November 24, 2017, from that time to November 24, 2017, received KRW 88,60,000 in total from around 13 times as shown in the annexed List of Crimes.

On October 27, 2017, the Defendant of “2018 Highest 888” concluded that “The victim F will lend money to 3 million won as much as it is urgently required, and pay in gold.”

However, at the time of borrowing the above money, the Defendant had a debt equivalent to KRW 200 million and continued to borrow bonds or receive credit card loans again to resolve the said debt, and there was no intention or ability to pay the principal at once even if the Defendant borrowed the money from the victim due to the lack of any property or income sources.

The Defendant, as above, by deceiving the victim, received three million won from the victim to the new bank account (G) in the name of the Defendant, under the name of the Defendant.

"2018 High Court 215"

1. On September 12, 2017, the Defendant is in the Hasan-si around September 12, 2017.

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