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(영문) 인천지방법원 2014.05.22 2013고단8518
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2013 Highest 8518"

1. Around February 14, 2013, the Defendant made a false statement to the effect that “D” as referred to in subparagraph 2 or 311 of the C&D, Singu, Sinri-si, would receive loans under the name of D and repay all damages and losses, and receive loans again within one month.”

However, the defendant did not have the intention or ability to repay to the victim within one month even if the victim borrowed the defendant under his/her own name.

Nevertheless, on February 14, 2013, the Defendant, by deceiving the victim as such, received KRW 30 million,00,000 from the victim under the pretext of borrowing money from the victim, KRW 30,000,000,000,000 that the victim borrowed from SCB on February 15, 2013, and KRW 10,000,000,00 that the victim received from the HK Savings Bank and received from the victim on February 17, 2013, and KRW 54,55 million in total.

2. Around July 30, 2013, the Defendant made a false statement to the effect that “the Defendant would borrow money from the victim E by borrowing KRW 20 million in the name of the victim E at the same place.”

However, the defendant was thought to use the victim as a guarantor to repay other debts even if he/she received a loan, and there was no intention or ability to repay the existing debts to the victim.

Nevertheless, on August 1, 2013, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 20 million in total from 4 million investment in the name of the Defendant; and (c) obtained the victim’s pecuniary advantage equivalent to the same amount by having the victim bear the guaranteed obligation.

“The Defendant, on December 26, 2012, 201, stated that “The Defendant would pay the victim F, who is a workplace employee, with the borrowed amount of KRW 20 million,00,000,000,000, without the mold, for three months after the borrowed amount,” and that it constitutes KRW 20,000,000 from the victim.

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