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(영문) 제주지방법원 2016.03.30 2015고단1616
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2015 Highest 1616]

1. On January 3, 2013, the Defendant: (a) at the office D office of the Defendant’s operation (hereinafter “C”); (b) the Defendant was liable for a large amount of loans of KRW 150 million for personal loans; (c) KRW 150 million for corporate tax arrears; and (d) KRW 275 million for loans borrowed under the name of family members; (c) even if the Defendant borrowed money from the victim E, the Defendant did not have economic ability to repay the borrowed money; and (d) even if the Defendant was to use the borrowed money from the damaged person to gambling in the Marcaro, 2013, the Defendant was able to conceal it; and (e) even if the Defendant was willing to use the borrowed money from the damaged person to export the Defendant to China, the Defendant would pay it after three months after lending the amount of funds of KRW 50 million for 50,000,000.

“The phrase “ was false.”

Accordingly, the defendant obtained the delivery of KRW 50 million from the injured party around that time, and acquired it by fraud.

2. On June 20, 2013, even if the Defendant borrowed money from the above victim at the above office around June 20, 2013, the Defendant did not have any intent or ability to change the said debt, etc.

Nevertheless, the defendant would pay 3 million won after one month since he/she was urgently required to pay money to the victim.

A false statement was made.

Accordingly, the Defendant received 3 million won from the injured party at the time of the damage and acquired it by fraud.

[2016 Highest 203] From January 5, 2013 to October of the same month, the Defendant: (a) exchanged a casino chip from a F hotel, G hotel, etc. located in the Republic of Macaro Special Administrative Region of the People's Republic of China with a casino chip; (b) 1,000 US dollars 1,000 (Korean currency approximately 150,000 US dollars) on a show “one of flass and banks choice one of them; and (c) on the same day until October 29, 2009, the Defendant ran chis, which chips chip drawned by card 2-3, the card last place number of which was close to 9, took up on the same day from the day on which the attached list was recorded as well as on the day on which it was recorded as a list of crimes; and (d) on April 27, 2019.

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