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(영문) 의정부지방법원 고양지원 2017.03.17 2017고단230
사기
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a doctor who has operated the E Burology in Ansan-si D Building 304.

1. On May 18, 2015, the Defendant loaned KRW 200,000,000 to the Victim F, “on the part of the victim F, it is urgently required to engage in his/her business” to pay the interest of KRW 5 million per month.

“The purpose of “ was to make a false representation.”

However, the defendant thought that he was able to use the money received from the injured party as futures option investment fund, and there was no intention or ability to change the money due to the loan of financial rights equivalent to KRW 200 million at the time.

Nevertheless, as seen above, the Defendant, including deceiving the victim and receiving five million won from the victim, was remitted to him/her on June 16, 2015, and 5 million won on the same day; 15 million won on June 17, 2015; 5 million won on June 18, 2015; 5 million won on June 22, 2015; and 35 million won on June 22, 2015.

2. On December 2015, the Defendant made a false statement to the effect that “The Defendant, at the end of the end of the year, received a loan from a lending company and paid money to the victim,” and that “The Defendant made a false statement to the effect that “The Defendant is able to pay the money borrowed from the lending company.” The joint and several surety obligation also can be repaid for the degree of 1-2 months.”

However, in fact, the defendant thought that most of the loans received from the lending company will be used as futures option investment funds, and did not intend to repay the existing debts to the victim, and there was no intention or ability to repay the loans within the 1-2 month because of the financial right loan of 50 million won at the time.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim stand a joint and several surety for the Defendant’s loan of KRW 8 million on December 31, 2015; and (c) on the same day, the Defendant borrowed the Defendant’s loan of KRW 8 million on D Cases; (b) on January 4, 2016, MSA loan of KRW 10 million on the Defendant’s loan of KRW 10 million; and (c) LL Havis on the same day.

7 million won of the defendant on the part of the court.

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