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(영문) 의정부지방법원 2019.10.17 2018고단4308
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 26, 2017, the Defendant made a false statement to the Defendant at the Defendant’s workplace C(A) office, the Defendant, who is the Defendant’s employee, who is the Defendant’s employee, who is the Defendant’s employee, who was the Defendant’s employee, at the Seocho-si Office, on December 26, 2016, phoneed the victim D, who is the employee’s partner, to pay the loan first, and the remainder is kept for the purpose of raising credit rating. Around six months, the Defendant would have received the loan by acquiring the house as security and repaid the loan to the money and its interest.

However, at the time of fact, the Defendant borrowed money from a lending company, etc., and the Defendant’s revenue was insufficient to pay the Defendant’s living cost and interest interest, and was planned to purchase a vehicle with borrowed money from the victim, to use it for debt repayment, etc. At the time, the E-building F was in the state of ownership transfer registration under the name of the company G on March 31, 2015, and thus, even if the Defendant borrowed money from the victim, there was no intent and ability to pay it.

Ultimately, the Defendant, by deceiving the victim as such, had the victim obtain a loan from Hbank, etc. around December 21, 2016, and then acquired money KRW 15 million from the victim to the account under the name of the Defendant on December 26, 2016.

2. Around February 21, 2017, the defrauded made a false statement to the said victim that “The Defendant shall pay the loaned money to him/her,” and that “The said victim shall pay the borrowed money to him/her. If the Defendant additionally lends money, he/she shall sell his/her house seven months after the loan to him/her and pay the interest along with the money that he/she borrowed at a low time.”

However, at the time of fact, the Defendant borrowed money from the lending company, etc., and the Defendant’s revenue was insufficient to pay the Defendant’s living cost and interest interest rate, and the E-building F in the Government of Gyeonggi-si, which was borrowed from the name of the Defendant at the time.

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