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(영문) 전주지방법원 2020.02.04 2019고단808
사기
Text

A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the manufacture and sales business of the primary co-wave in the name of “D” in the former and the former and the latter.

Around February 17, 2017, the Defendant: “Around February 17, 2017, the victim B’s house located in Busan Metropolitan City, Nowon-gu, would lend money to the victim in front of his house; “I will use for three months only, and immediately repay it with factory benefits, and the interest will be paid in 400,000 won each month from April 20, 2017,” and “I will borrow the victim to the above place as above and make a loan to the victim more than KRW 10,000,000,000,000,000 won is needed; and the interest shall be paid by June 19, 2017, and the interest shall be paid in 40,000 won each month.”

However, at the time, the Defendant, as a bad credit holder, had no particular asset in the name of the Defendant, and had a debt of KRW 20 million from F, which was borrowed from the Defendant, at the time. At the time, the Defendant had a debt of KRW 6 million with unpaid monthly rent of KRW 34,401,720 in the name of G, but the Defendant had a debt of KRW 34,720 in the name of H, but the Defendant was unable to pay the employees’ wages properly because the amount of D factory rent was not high. While opening the D factory, the Defendant was not able to receive loans in the name of H due to the Plaintiff’s opening of the D factory in the name of H, and was unable to pay the rent of D factory from June 2017 to October 31, 2017, there was no obligation of KRW 2401,510,0000 in the name of the Defendant to repay the loan from the victim’s credit deposit or the provisional attachment.

Ultimately, the Defendant deceivings the victim as above, and received three million won in cash from the victim, around February 17, 2017, and around February 17, 2017, seven million won by the Defendant’s M Association account (Account Number N) in the name of H, and one by the same account around March 20, 2017.

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