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(영문) 광주지방법원 목포지원 2016.12.22 2016고단801
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On December 31, 2013, the fraud Defendant stated that “A person who borrowed money to his/her father-gu, but did not pay the money to his/her father-gu,” and that “A person who borrowed money to his/her mother-friendly job offering victim C, who borrowed money from his/her father-gu, but did not pay the money immediately, shall be paid monthly, monthly, and monthly, if he/she borrowed KRW 2 million, he/she shall be paid the money.”

However, the defendant did not have any intention or ability to repay even if he borrowed money from the victim with a bad credit rating of 10,000,000 won.

The defendant acquired 200,000 won from the victim to the Agricultural Cooperative (G) account in the name of F used by the defendant on the same day.

2. On January 21, 2014, the Defendant made a false statement to the effect that “The Defendant, on January 11, 2014, in front of the D Apartment, was doing distribution business at the bottom of the I president, and H will assist the said victim. The Defendant, who entered the bottom of the I president of the match, will be able to make an investment exceeding KRW 30 million, and if he/she lends KRW 30 million, he/she will also recover the principal and make a profit.”

However, even if the defendant receives money from the victim, he thought that he would not invest in the above business and use it as an individual name. At the time H did not work under the bottom of the I President, and the defendant was in a bad credit condition at the time, and even if he was unable to repay the money, he did not have any intention or ability to repay it even if he borrowed money from the victim due to the fact that he did not pay it in full.

Around January 21, 2014, the Defendant acquired 30 million won from the victim through a corporate bank account (J) in the name of the Defendant.

3. On April 17, 2014, the defrauded Defendant shared with the agricultural and fishery products distribution business operated by H in front of D apartment at the time of Mapopoon on April 17, 2014. However, it is difficult for the Defendant to commute to and from work, and is not physical, and is lent KRW 30 million to purchase a passenger car.

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