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(영문) 서울중앙지방법원 2016.04.06 2014고단8682
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In fact, the Defendant was thought to use the borrowed money from the damaged party for the purpose of lending it to a third party for gambling without using it for personal purpose or securing security. At the time of borrowing the money from the damaged party, the Defendant was registered as the bad credit holder at the time of borrowing the money from the damaged party, and there was no intention or ability to repay the money even if it was borrowed from the damaged party due to the absence of any particular property.

1. On July 2010, the Defendant is entitled to receive interest at the head office near the Gangnam-gu Seoul Southern Station, Gangnam-gu, and at the victim C, at the rate of 10% per month when he/she lends money to another person as security, and there is no problem in recovering the principal due to the provision of the vehicle as security.

If Hando 19 million won is lent to another person, it will be allowed to lend the money to the other person to receive interest at the rate of 10% of the principal per month.

If a problem arises in the money lent to another person, the phrase “to be responsible for and repaid” was false.

On July 3, 2010, the Defendant, by deceiving the victim as such, received money from the victim to the national bank account in the name of D managed by the Defendant under the name of D as the borrowed money from July 3, 2010.

2. On July 2010, the Defendant lent money to the victim C at a non-police place on the first day of July 2010 to the victim C in return for payment of the principal and interest of each share by the day of the other party.

Along with the loan of KRW 25,500,000,000,000 for each share of eight weeks, the payment of principal and interest shall be made in addition to the interest.

On July 7, 2010, the Defendant, by deceiving the victim, received 25,500,000 won from the victim to the Agricultural Cooperative Account in the above name as the loan money from the victim and acquired it through money.

3. On July 12, 2010, the Defendant: (a) at a non-permanent place on July 12, 2010, the victim C with interest at the rate of 10% per month if the Defendant provided a vehicle as security and lent money to another person.

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