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(영문) 청주지방법원 2019.10.31 2018고단2078
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On September 8, 2017, the Defendant borrowed KRW 5 million from C to KRW 5 million, and KRW 10 million from D to KRW 5 million as joint and several sureties on September 8, 2017, but most of the above money was put in sports gambling, and as the Defendant’s name was no longer able to lend money, he thought that he received a loan under the name of the victim and used for gambling money.

The Defendant rendered, around September 12, 2017, the Cheongju-si, that “I would settle the guarantee of loan prior to the receipt of the loan by Lice, I would pay the principal and interest to the said victim by receiving the loan again, and receive the loan again.”

However, even if the Defendant borrowed a loan from the victim, it was thought that it would be used for the Internet sports gambling. At the time, the Defendant was merely liable for a debt of approximately KRW 60 million, but did not have any other property, so there was no intention or ability to repay the loan to the victim.

The Defendant had the victim obtain a loan of KRW 38 million from the F bank, etc. on the same day, and acquired the money from the victim by transfer of KRW 26 million on the same day as G bank account (H) in the name of the Defendant, and KRW 38 million on September 13, 2017.

2. Victims I;

A. On September 25, 2017, the Defendant: (a) around September 25, 2017, at an insular place (hereinafter “Cheongju-si”); (b) around September 25, 2017, the Defendant: (c) stated that “The Defendant was to have written the bonds, and the Defendant would pay in full the full the amount of the cash loan in its inner part; (d) KRW 24 million; and (e) provided that, if only a large amount of installment savings is leased, the Defendant would have repaid the loan and would have received the loan again from the first financial right.” At the latest, the Defendant said that “I will first make the remainder before October 2017 and immediately make the loan on January 2018.”

However, in fact, even if the Defendant borrowed KRW 24 million from the victim, it was thought that it would be used for the Internet sports gambling. At that time, there was a debt of KRW 100 million, but did not have any particular property, and therefore, the Defendant was above the victim until January 2018.

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