logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원남원지원 2020.11.03 2020고단165
사기
Text

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

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On May 26, 2018, the Defendant made a false statement to the effect that “D” restaurant operated by the victim B in the Namwon-si, Namwon-si, would lend money to the victim only KRW 30 million, so that the victim would pay the principal without the molding one year after paying the interest on five copies per month.”

However, in fact, the defendant was in a state that there was no particular income due to the accumulation of the deficit in the operation at the time, and there was no intention or ability to pay the interest that was promised to the victim or to repay the principal, as the defendant had been responsible for the large amount of debt including the occurrence of bonds.

Nevertheless, the Defendant acquired 30 million won in cash from the victim as the borrowed money from the victim on the above false statement.

B. On July 9, 2018, the Defendant made a false statement to the effect that “A car sales contract was concluded on the basis of the need of a motor vehicle at present, and the remainder is not paid.” That said, the Defendant borrowed KRW 10 million as it did not pay any balance to the victim, thereby leaving a deposit contract as security.”

However, in fact, the Defendant did not have any particular income or assets as above, and did not have any intent or ability to repay them properly, and even if he did not receive money from the victim as a loan, there was no intention or ability to do so, and there was no actual effect of the lease contract which was made at will by the Defendant.

Nevertheless, the Defendant acquired a cashier's check from the victim on the same day under the name of borrowed money from the victim on the same day.

2. Fraud to victims E;

A. On October 25, 2018, the Defendant: (a) lent KRW 20 million to the victim E, which is a cause of the same fraternity, at a place where it is not possible to know of the side of the South-si, Namwon-si; (b) paid the interest of KRW 50,000,000; and (c) paid the interest of KRW 20,000 every month.

arrow