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(영문) 대전지방법원 서산지원 2018.09.06 2017고단1005
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

"2017 Highest 1005"

1. The Defendant committed a crime against the Victim F in the Saemaul F depository located in the Dong-dong, Jin-si, Seoul, around July 30, 2012, does not change the business of husband G to the victim, and the victim’s “The business of husband G is not a fund transfer.”

In short, a short and false statement was made on the lending of money to reduce the amount of interest.

However, in fact, the Defendant was liable for personal debt worth KRW 340 million borrowed from the Parties, and in relation to this, the Defendant was under the life for flight by hand and around July 2008, and there was no certain occupation. It was a situation in which the Defendant had been living in the form of a “recovering” in which he borrowed money from the Parties without any property to repay the borrowed money with the borrowed money. Thus, even if he borrowed money from the damaged person, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, received money from the victim and acquired money from the victim, the sum of KRW 4.5 million from the Saemaul Treasury account in the name of H used by the Defendant on the same day, KRW 9 million around August 13, 2012, and KRW 2.7 million around September 18, 2012.

2. On August 28, 2015, the Defendant committed the crime against the victim I made a false statement to the effect that “In the Defendant’s residence located in the JJ building 401, Jin-si, J. 401, the Defendant would lend money to the victim with eight (8) interest on the principal and eight (8) interest on the loan of money, and to prepare money.”

However, as above, the Defendant was accused of fraud and was living in flight around July 2008 and was living in flight, and there was no certain occupation, and was living in the form of a 'recovering' term referring to the repayment of the transferred loan with money borrowed from the son without any property. Thus, even if the Defendant borrowed money from the damaged person, there was no intention or ability to repay the money.

As such, the Defendant, by deceiving the victim and deceiving the victim, shall be KRW 10 million on the same day from the victim, KRW 10 million on March 28, 2016, KRW 2 million on February 26, 2016, and KRW 3 million on May 26, 2016.

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