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(영문) 춘천지방법원 2017.05.23 2017고단89
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendants are married couple.

1. Even if the Defendants were to operate the Gangseo-gun E F pension with money borrowed from the victim D who was known from around 2007, the Defendants offered to the victim with the money necessary for the operation of the pension, or had no intent or ability to repay the money borrowed from the victim. However, around 15:00 on April 18, 2009, the Defendants collected the money from the victim’s house located in the Gwangjin-gu Seoul Special Metropolitan City G with the victim’s house to make an investment of KRW 15 million,00,000,000,000 to the victim’s house to make an investment of KRW 15,000,000,000,000 as the Plaintiff did not make an investment in cash.

The phrase “a loan of KRW 15 million to be used as a leased deposit shall be provided with 30% of the profits accrued from the operation of a pent and shall also be repaid with the principal and interest of the borrowed money,” and it shall be transferred from the injured party to the national bank account in the name of the Defendant A as of April 2009, KRW 10 million, and KRW 4 million on April 27, 2009, and then received KRW 1 million from the injured party to the national bank account in the name of the Defendant.

As a result, the Defendants conspired to acquire 15 million won from the injured party as the deposit money for the use of the Fpent.

2. Since the Defendants already lent the Hpent-type lease deposit to the lessor, even if they were to use money for the purpose of the Hpent-type lease deposit, the Defendants intended to use the money for the purpose other than the leased deposit, such as the monthly payment of the rent and the Fpent-type operating expenses, etc., other than the leased deposit, and despite the absence of the intent or ability to return the borrowed money to the victim after the termination of the lease contract or to pay 50% of the profits accrued from the operation of the pent-type loan, the Defendants tried to operate the victim’s house at the victim’s house in January 2010, as stated in the preceding paragraph, in the victim’s house of the Defendant to the police officer.

H 50% of the profits on the loan of KRW 20 million to be used as the deposit and operating expenses for H pentent, and the principal shall be H.

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