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(영문) 전주지방법원 군산지원 2017.11.03 2017고단826
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant tried to take over the D Building from C to operate the child care center, there is no money to take over it, the Defendant borrowed KRW 30 million from the victim E on December 2, 201.

After that, the Defendant listened to the Defendant’s speech that the Defendant’s child F requires 20 million won individually from the Defendant’s child F, the Defendant used a false statement that the Defendant’s child care center business funds should be additionally required and used to borrow money to F.

On December 29, 2011, the Defendant loaned 20 million won to the H office located in the G in the Hasan-si around December 29, 201 and repaid 20 million won by March 31, 2012.

“A false representation was made.”

However, even if the Defendant borrowed KRW 20 million from the victim, he did not think of the use as expenses for taking care of the child care center, and the Defendant thought to F of the Defendant. The Defendant had already borrowed money of KRW 30 million from the victim to pay the down payment of the down payment of the child care center, and the Defendant did not have property of the Defendant around that time. In accepting the child care center, the Defendant received a loan of KRW 170 million to the new union. The seller of the building in the child care center agreed to pay the principal amount of KRW 1333,000,000 to the seller of the building in the child care center in the form of the balance, and thus, there was no intention or ability to pay the principal and interest even if the victim borrowed KRW 20,000,000 to the victim.

Nevertheless, the Defendant, by deceiving the victim as such, was transferred 18 million won after deducting 1.2 million won from the prior interest in the NongHyup Bank account (I) in the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning the receipt of loans and details of passbook transactions;

1. Article 347(1) of the Criminal Act and Article 347 of the same Act concerning criminal facts (the primary crime is the victim, and the victim is the victim).

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