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(영문) 창원지방법원 통영지원 2021.03.25 2020고단1108
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 25, 2016, the Defendant, against the victim D, transferred the ownership of G Borrowing H or I owned by the Defendant in cases where the Defendant, “F Real Estate,” located in Sung-gun, Chungcheongnam-gun, Kim Sung-gun, refunded KRW 30 million to the victim D at any time on the loan of KRW 30 million, and is unable to repay the borrowed money.

The phrase “ makes a false statement.”

However, at the time, the Defendant was thought to borrow money from the injured party to use it as personal debt repayment and living expenses. Since each subparagraph of the above G GG lending was not owned by the Defendant, the Defendant was not able to transfer ownership to the injured party. Therefore, the Defendant did not have the intent or ability to repay the borrowed money to the injured party normally.

On November 25, 2016, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the Nonghyup Bank account (J) in the name of the Defendant on November 25, 2016, and acquired it by defrauded.

2. On September 15, 2017, the criminal defendant against the victim K would have lent money to the victim K at a place of no more than 13:45 on September 15, 2017, for the purpose of paying the money to the victim K only one week if the purchase cost of the building is insufficient.

The phrase “ makes a false statement.”

However, at the time of fact, the defendant only borrowed money from the injured party to use it as personal debt repayment and living expenses, but did not have the intention or ability to change it normally to the injured party.

On September 15, 2017, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Nonghyup Bank account (L) in the name of the Defendant on September 15, 2017, and acquired it by defrauded.

3. On November 19, 2018, the criminal defendant against the victim B would pay the victim B 10% interest per month when he/she lends money to the victim B.

The phrase “ makes a false statement.”

However, in fact, the defendant is about KRW 100,000,000.

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