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(영문) 광주지방법원 순천지원 2016.08.05 2014고단1357
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On June 18, 2013, the Defendant concluded that “Around June 18, 2013, the Defendant, who was a loan business, made a false statement to the victim D, stating that “I would like to run a bond business because there are many people in Korea, and if I would lend money, I would recover the principal and interest by setting the number of days as the money.”

However, even if the defendant received money from the injured party, the defendant only thought that he will use the money individually, and did not have the intention or ability to normally lend the money.

Nevertheless, on June 18, 2013, the Defendant, by deceiving the victim as such, received KRW 1.6 million from the victim, to the Agricultural Cooperative Account in the name of E.

From that time until October 30, 2013, the Defendant received a total of KRW 161,540,500,000 from that time, as shown in the list of crimes in attached Form 59.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 2013, the Defendant had no intention or ability to repay the loan even if he borrowed money to another person in a situation where the obligation was approximately KRW 90 million, such as lending 80,000,000 to he/she borrowed money from around around 2012 to open cosmetics.

A. On May 30, 2013, the Defendant, on May 30, 2013, told the victim D to “if he/she lends money to him/her because he/she needs to pay the money, he/she would pay it immediately.” On the same day, the Defendant received KRW 4,325,00 from the victim’s account in the name of the F of Gwangju Bank on the same day.

B. On July 3, 2013, the Defendant, on July 3, 2013, issued KRW 10,000,000 to the account in the name of Gwangju BankF on the same day from the injured party, on the following grounds: (a) on July 3, 2013, the Defendant: (b) falsely stated that “I would use a large amount of money to pay interest; (c) I would first stop the money; and (d) would pay 130,000,000 won to the account in the name of Gwangju BankF on the same day.”

(c)

August 14, 2013, the Defendant committed a crime on August 14, 2013.

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