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(영문) 대전지방법원 천안지원 2014.02.07 2013고단504
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 2009, the Defendant opened a gymnasium in Asan City B, and borrowed a total of KRW 25 million from the gymnas C by borrowing KRW 10 million from the gymnas C, and commenced a business with a loan of KRW 10 million from the gymnasing bank, but the gymnasium operating expenses were insufficient when the gymnasium operation expenses were not fully repaid with the wind of the gymnasium operation.

1. Around August 17, 2010, the Defendant made a false statement to the effect that “The Defendant shall lend KRW 2 million monthly interest to the victim within the Defendant’s vehicle parked in the Sincheon-gu, Chungcheongnam-gu, Dongcheon-gu, Chungcheongnam-gu, Seoul, with KRW 100,000,000, and shall repay monthly interest after three months.”

However, the defendant did not have any intention or ability to pay money according to the promise.

The Defendant received 1.7 million won from the victim as the borrowed money after deducting 300,000 won from the victim's prior interest for three months in the same day.

2. On August 20, 2010, the Defendant received 1.7 million won, deducting 300,000 won from the victim’s interest at the place specified in paragraph (1) as above, making a false statement.

3. On August 27, 2010, the Defendant was transferred KRW 170,000,000 obtained by deducting 300,000 from the victim’s interest prior to the three-month period, by putting the victim’s phone at an insular place as above, and making such false statement.

4. On September 5, 2010, the Defendant made a false statement to the effect that “If he/she lends KRW 1 million to the victim, he/she will pay KRW 80,000 per month interest to him/her after giving the victim a telephone at an influent place.”

However, the defendant did not have any intention or ability to pay money according to the promise.

The Defendant received 920,000 won from the victim as the borrowed money after deducting the above interest on the same day.

5. The Defendant, around March 8, 201, shall be the victim from the building of a mutually unsound credit card company located in the new Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu.

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