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(영문) 광주지방법원 2018.01.12 2017고단2660
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. The Defendant, “2017 Highest 2660,” is a person who operates a secondhand shop in the Dong-gu Seoul Special Metropolitan City.

A. On March 8, 2016, the Defendant, at the D office around March 8, 2016, would pay the principal and interest within one month from the lending of money to the victim E.

“A false statement” was made.

In fact, the Defendant was a bad credit holder at the time, and even if he did not borrow money from the injured party due to lack of self-sufficiency, such as the amount of taxes in arrears of KRW 40 million, 25 million, he did not have any intent or ability to repay the money.

As such, the Defendant, as described in the List of Crimes, by deceiving the victim, received KRW 3 million from the D office on the same day from the victim, and received delivery of KRW 14.5 million in total five times from December 26, 2016, from that time until December 26, 2016.

B. On April 2016, the Defendant, at the D office around D around April 2016, told the Victim F to the effect that “on the face of lending the cost to purchase scrap metal, he/she shall pay the borrowed money with operating profits on the property, and shall pay KRW 500,000 as at the end of each month from May 2016.”

In fact, the Defendant was a bad credit holder at the time, and there was no intention or ability to pay the interest, even if he/she borrowed money from the injured party due to lack of self-sufficiency, such as the amount of tax in arrears of KRW 40 million exceeds KRW 25 million.

The Defendant, as such, by deceiving the victim, received KRW 2 million from the D office around April 2016, from the victim, and received KRW 10 million in total five times from that time until April 2016, as shown in the List of Crimes.

Accordingly, the defendant obtained a total of KRW 24.5 million from the victims and acquired it by fraud.

2. "2017 Highest 5172".

A. On January 11, 2017, the Defendant borrowed money from the victim G.

The loan of KRW 3 million shall be paid KRW 3 million on March 11, 2017, which is two months after the second month, and if so, it shall be paid at this time.

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