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(영문) 대전지방법원 천안지원 2020.07.21 2020고단169
사기
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "200 high-level 169" is a member of the C church in Seo-gu, Seo-gu, North, and the victim D is a new member of the C church.

On October 2015, the Defendant made a false statement to the Defendant at the Diplomatic Conference stating that “The Defendant would pay the principal and interest of a loan to the Defendant who received a bank loan with the security of the four houses, and then paid the deposit amount to the Defendant,” “The Defendant would pay the principal and interest of a loan to the Defendant who received a bank loan with the security of the four houses.”

However, even if the Defendant received a loan from the victim, he tried to use the deposit money and church operation funds to prevent a compulsory auction on the real estate owned by the Defendant, and did not intend to use it for the purpose of resolving the apartment auction on the E-owned apartment. Around that time, the Defendant did not have any intent or ability to repay the principal and interest of the loan because he was liable for approximately KRW 170 million.

Ultimately, the Defendant, by deceiving the victim as above, had the victim borrow KRW 55 million from the F bank around October 21, 2015. On the same day, the Defendant acquired the seal of the passbook and the victim’s seal connected to the F bank account in the name of the victim whose name the said loan was deposited.

The defendant "2020 Highest 174" is a member of the "Clateral Council" located in Seo-gu, Seo-gu, North Korea, and the victim G is a new member of the above church.

On June 11, 2017, the Defendant made a false statement to the effect that “The Defendant shall assist and deliver money to the victim.” Even if receiving a loan, the Defendant borrowed money. The Defendant would be able to repay the principal and interest of the loan each month.”

However, even if the defendant borrowed money from the victim, he/she had the intent to use the borrowed money for operating expenses of the church, the sales fund, and the repayment of personal debts, and he/she did not have the intention or ability to repay the borrowed money according to the agreement because economic circumstances are difficult due to the large amount of debt.

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