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(영문) 대전지방법원 2018.05.23 2017고단4762
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2010, the criminal defendant against the victim B borrowed money from D stores operated by the victim B located in Chungcheongnam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to lend money to the victim B because the money is sold. The defendant will pay interest at 20% per month.

“False speech” was made.

However, the above Seosan Sea was difficult to dispose of due to the inheritance problem. At the time, the Defendant was unable to repay his personal debt amounting to KRW 30 million due to the lack of restaurant business, and the Defendant was in a situation where he repaid the Defendant’s obligation in the form of “refluence from return,” such as paying the Defendant’s fraternity debt with money borrowed from another person. Thus, even if he borrowed money, there was no intention or ability to repay it to the victim.

Nevertheless, the Defendant acquired the money from the injured party for the same day by borrowing KRW 20 million, KRW 9 million on November 30, 2010, and KRW 29 million on a loan basis.

2. On January 2015, the criminal defendant against the victim E lent KRW 2.5 million to the victim E at the Gangnam-gu Seoul Metropolitan Government F Hospital in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City. The defendant loans the cost of repairing cars to the victim E because of traffic accidents. The insurance company will pay the compensation if the compensation is paid.

“False speech” was made.

However, in fact, the Defendant did not operate the restaurant at the time, and thus was paying his personal debt by the word “free return”, and the said compensation also was scheduled to be appropriated for the repayment of the existing debt, so there was no intention or ability to pay the victim even if he borrowed money.

Nevertheless, the defendant acquired 2,50,000 won from the injured party for the same day as the borrowed money.

3. On August 4, 2015, the criminal defendant against the victim G would lend KRW 20 million to the victim G located in Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to repay on August 4, 2016.

“False speech” was made.

However, facts are borrowed by the defendant to the victim.

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