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(영문) 청주지방법원 2018.06.14 2017고단2362
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant made a false statement to the effect that “The Defendant would pay to the Victim D, who is operated by the Victim D located in Heung-gu Seoul Special Metropolitan City, Cheongdong-gu, Seoul Special Metropolitan City by no later than the fifth day of the month following the month when the Defendant received the payment of the excess on credit.”

However, at the time, there were about 30 million won, about 45 million won for loans, about 36 million won for personal debts, and about 36 million won for personal debts, while there were no other assets. In addition, even if the amount of the goods is paid from the customer in the future, even if the goods are paid by the customer in the future, there was no intention or ability to pay the goods normally to the victim even if the goods are supplied by the injured party.

Nevertheless, the Defendant, as seen above, was supplied 47,784,00 won in total over 15 times from the time of the occurrence of the crime, as well as from the time of the supply of 2.1 million won to the time of the victim’s deception (the fifth side) around December 8, 2015 by the victim, as well as from the time of the supply of 2.1 million won to February 1, 2016.

Accordingly, the defendant was given property by deceiving the victim.

On May 20, 2016, the Defendant called “F” to the victim F in the land-distance market located in Cheongju-si, Cheongju-si, a substantial area of Cheongju-si on May 20, 2016.

Proceeds shall be divided into 5:5.

A false statement was made to "a loan five million won with the purchase price of a swimming pool".

However, even if the Defendant borrowed money from the injured party, he did not use it for purchasing money, but was thought to use it as personal debt repayment and living expenses. At the time, he did not reach about KRW 150 million and did not have any particular profit, and he did not have any intention or ability to repay the money borrowed from the injured party.

Nevertheless, the defendant deceivings the victim as above and belongs to it.

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