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(영문) 청주지방법원 2020.02.20 2019고단836
사기
Text

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

Reasons

Punishment of the crime

From March 2018, the Defendant is between the victim B and the victim B.

1. When the Defendant came to know of the fact that he had prepared money in order to pay part payments of the apartment sold in lots, the Defendant made a false statement to the effect that, in the Defendant’s residence located in Cheongju-si, Cheongju-si, Cheongju-si, the Defendant made a loan to the victim for the interest of KRW 4,00,000 won per month by lending the money. It is difficult to see whether to secure and lend the money. D. It is difficult to say that the ownership of the real estate in the Chinese house operated within the Republic of Korea and the land owned at Sejong-si.”

However, in fact, the Defendant did not own the real estate and operated the Chinese house on a lease basis, but did not lend the bonds, and was planned to use the loan to repay the investment, employee's wages, and personal debts with money from the victim, so there was no intention or ability to pay interest of KRW 4 million per month to the victim.

Around April 26, 2018, the Defendant, by deceiving the victim as above, received a total of KRW 15 million from the victim to the corporate bank account (E) in the name of the Defendant, and obtained a total of KRW 85 million from May 15, 2018, and acquired KRW 100 million from the victim.

2. On July 12, 2018, the Defendant made a false statement to the effect that “Around July 12, 2018, the Defendant loaned KRW 100 million and KRW 100 million to the Defendant’s bonds. The amount of KRW 100 million invested in the bonds should be deducted as construction funds need to be added to the bonds of Sejong. On the other hand, the Defendant invested KRW 100,000 per month in the bonds.” The Defendant made a false statement to the effect that “The Defendant would pay interest of KRW 4 million per month.”

However, there was no fact that the Defendant built a house in three types, and there was no reason to require the construction fund and there was no investment in the bonds, and it was also used not only to lend money from the victim, but also to repay the investment, employee's salary, and personal debt.

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