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(영문) 청주지방법원 2019.03.27 2017고단822
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[2017 Highest 822] On January 2016, 2016, the Defendant: (a) took care of the victim C in a coffee shop located in Heak-gu, Cheongju-si; and (b) took care of the victim C, she was operating two restaurants on the large apartment in the above D; and (c) took care of the victim’s help for the victim; (d) “The principal shall be paid at any time by paying 1 million won interest, which is 2 million won interest, to the bank, if he/she takes charge of the interest that he/she carries out to the bank.”

However, in fact, the above apartment or restaurant building was leased as a monthly rent rather than the Defendant’s possession, and the 2nd car was used through the lease contract. The 200 million won loan was imported by the operation of the above restaurant, but it was not sufficient for the Defendant at the time to pay the principal and interest, rent, and rent for the bonds of KRW 200 million loan, but the above apartment's monthly rent was in arrears for six months at the time, and the repayment of principal and interest on the above bonds was delayed, and the principal and interest on the above bonds was expected to be in arrears. Thus, even if the money was borrowed from the victim, there was no intention or ability to pay the principal when the victim wishes.

Nevertheless, the Defendant, as such, by deceiving the victim, received 48 million won from the victim to the E-bank account (F) under the pretext of borrowing 48 million won around January 29, 2016.

The defendant "2017 Highest 2531" is the chairperson of G and the director general of the secretariat to the defendant, "the defendant is operating domestic bonds business" to the victim in ordinary times, and three to four months have passed.

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