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(영문) 수원지방법원 2017.10.13 2017고단2511
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant, a person who worked as D with a personal rehabilitation application (application on June 17, 2014), was a person who had worked as D with a personal business every 63 places in Pyeongtaek-si, and the obligation accumulated from around 2000 to around May 2014, which was paid every month in excess of 50 million won, such as a loan on the security of an apartment and a loan without a collateral loan of 397.5 million won, but was living at the monthly salary of 3.5 million won. However, the Defendant had no intention or ability to pay the interest properly even if he/she received additional loans.

Nevertheless, the Defendant had the intent to acquire money from the lending company that he operates, by deceiving the victim E (61) as if he/she were to conceal this fact and repay his/her normal debt.

1. On May 16, 2014, the Defendant requested the above victim’s (State)G office located in Seocho-gu Seoul Metropolitan Government, “Around May 16, 2014, the Defendant: (a) borrowed KRW 20 million as the principal and interest of the loan on a face-to-face loan; and (b) requested an additional loan to “I will promptly repay the principal and interest including KRW 30 million,000,000,000,000,000,000 prior to the sale of an apartment.”

However, even if the Defendant received money, he did not have the intent or ability to repay the money as above, but he was thought to use the money to repay his obligations to the mother, not to pay interest on the money.

The defendant shall have jurisdiction over the same damage from the injured party.

5. Around 27.27. At around the same time, the defrauded acquired 20 million won from a new bank account in the name of the Defendant under the name of the Defendant as a loan.

2. The Defendant called the victim by phone in September of the same year, and there is no other obligation except the secured loan obligation as shown on the certified copy of the registry.

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