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(영문) 춘천지방법원 원주지원 2019.05.16 2018고단887
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On July 2017, the Defendant made a false statement to the effect that “The Defendant would pay the victim B interest, if he/she borrowed money, and pay the principal in favor of him/her.”

However, even if the defendant borrowed money from the victim in insolvent, he/she was willing to use it to repay other debts such as personal debts of the defendant, and because he/she has repaid his/her debts in so-called return method, he/she did not have any intention or ability to repay the debt in time even if he/she borrowed money from the victim.

Nevertheless, on July 5, 2017, the Defendant received KRW 10 million from the victim in the name of D Bank account (Account Number E) in the name of the Defendant for a loan borrowed from the victim, and acquired it by fraud by obtaining KRW 7,468,000 in total nine times from that time to August 18, 2017, as shown in the attached crime list 1.

2. On September 2017, the Defendant: (a) made a false statement to the effect that “The Defendant would prepare a fixed contract upon the completion of the partition of land around February 2018,” with the value of investing in the divided land, the Defendant sent money to the victim B as the down payment.”

However, in fact, even if the Defendant received the down payment from the victim, he thought that he will be used to repay the existing debt such as personal debt, and there was no land where the installment work is in progress at the time, so even if he received the investment from the victim, he did not have the intent or ability to use it as the real estate sales

Nevertheless, on September 28, 2017, the defendant deceivings the victim as such, and thereby, is a bank in the name of F, the defendant's seat, under the pretext of investment from the victim.

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