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(영문) 청주지방법원 2019.03.28 2018고단1199
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 10, 2018, the Defendant was sentenced to imprisonment with prison labor and six months at the Cheongju District Court for fraud, etc., and the judgment became final and conclusive on October 5, 2018.

1. On November 20, 2012, the Defendant presented documents related to the public auction of the gas station to the victim B at the “D” restaurant located in Yeongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, to the effect that “If the Defendant lends KRW 150 million to the public auction of the gas station located in the water source, he/she shall be paid KRW 3 billion per month by winning a successful bid of the gas station through a public auction, and at any time, he/she shall pay the principal at any time.”

However, in fact, the above gas station was not taken over by the defendant as a partner E, but it was planned to take over the gas station as a partner E, and most of the proceeds from taking over the gas station was to take out loans from the Financial Cooperative, etc., and the defendant did not have any intent or ability to return the above KRW 150 million when requested by the victim, since the defendant was in a state of financial institution with no particular property, it was only in a state of financial institution with the amount of KRW 30 million.0 million.

As above, the Defendant, by deceiving the victim, received KRW 140 million as a check around November 30, 2012 on the pretext of the borrowed money from the victim, and obtained KRW 10 million from the victim on February 8, 2013.

2. On September 2013, the Defendant made a false statement to the effect that “The Defendant had an opportunity to purchase oil from an oil station to be closed down. The Defendant borrowed KRW 200 million to KRW 300 million to the money to purchase the oil. The Defendant paid 1% interest per month, and would at any time redeem the principal at the request of the principal.”

However, the Defendant did not have any intent or ability to return the borrowed amount at the request of the victim, because the Defendant had only a financial institution debt equivalent to KRW 30 million without any particular property as stated in paragraph (1).

The defendant deceivings the victim and is under his control.

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