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(영문) 부산지방법원 2014.11.13 2014고정1945
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 2012, the Defendant told the victim D to the effect that “The Defendant would repay the debt amounting to KRW 30 million, i.e., the debt amount of KRW 30 million, i.e., the debt amount due to the debt amount at present, i.e., the debt amount, i., the repayment of the debt amount, i.e., the repayment of the debt amount.”

However, at the time, the Defendant was liable for the amount of KRW 170 million, and even if he borrowed money from the victim, there was no intention or ability to repay the amount even if he borrowed money from the victim, due to the fact that the financial status of the Defendant has deteriorated even after the loan of money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 26.4 million from the victim on May 29, 2012 as the borrowed money, around 15:10 on May 29, 2012.

Summary of Evidence

1. Legal statement of witness D;

1. The defendant alleged that he/she had no intent to obtain money, such as credit history and the details of benefits. However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, the defendant could not settle the existing debt solely with his/her own benefits, and thus, the defendant appears to have borrowed 30 million won from the victim immediately since he/she could not repay the existing debt. The defendant used a large amount of 6 million won out of 26.4 million won after deducting interest, for other purposes, other than the repayment. If the victim knew that he/she would use the money for other purposes even if part of the money, he/she would have been used for the other purposes, he/she would have not borrowed money even up to the credit loan limit. After the defendant borrowed money, the defendant applied for individual rehabilitation with the debt of 10 million won or more, and the remainder of the borrowed money excluding the above 6.0 million won out of the borrowed money is not a debt debt repayment, but is a loan loan, but is a loan loan, etc. after the loan of this case.

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