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(영문) 의정부지방법원 2017.06.09 2017고단1446
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On June 21, 2013, the Defendant: (a) at both Koreas, at the time of both Koreas, the Defendant did not have any property or income; (b) at the time of the fact, the Defendant did not have any obligation to pay interest equivalent to KRW 100 million; and (c) even if having borrowed money from another person, the Defendant did not have any intent or ability to pay such interest within several months; (d) by communicating the victim C with the phone, the Defendant made a false speech to the effect that “if the husband would start a business, but the husband would have been able to pay 20 million won within three to five months, as the money falls short of the money, the Defendant was given a delivery from the damaged person on the same day as the money borrowed.”

B. On November 27, 2013, the Defendant: (a) at both Koreas, at the time of both Koreas, the Defendant did not have any property or income; (b) at the time of the fact, the Defendant did not have any loan worth KRW 100 million; (c) there was no intent or ability to pay interest thereon in several months even if he/she borrowed money from another person; and (d) even if he/she received money from another person under the name of D’s loan that is the Defendant’s seat, he/she was planned to use the money for his/her personal purpose, even if he/she was planned to use it for the Defendant’s personal purpose, he/she shall have contact the said victim with the phone, and (e) he/she shall have repaid

section 3.

A false statement is made to the effect that loans of KRW 20 million will be delivered to D, and D will be repaid. It received KRW 20 million from the above victim through the bank account as the loan of the above D on the same day, and it received KRW 10 million from the above victim to deliver it to the above D on the same day.

(c)

At the time of the Defendant’s transfer of money from another person on August 30, 2014, even if the Defendant borrowed money from another person on the grounds that there was no particular property or income, and the Defendant went bankrupt due to cumulative debt, and did not repay the money under the above paragraphs 1 and 2, the Defendant intended to pay the money within several months.

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