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(영문) 제주지방법원 2020.03.18 2019고단2192
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From around 1994 to 2008, the Defendant embezzled an amount equivalent to KRW 380 million in order to repay a debt equivalent to KRW 100 million, while serving as an employee of a certified tax accountant office, and even when the Defendant bears the debt incurred therefrom, the Defendant had a debt equivalent to KRW 40 million with the obligation to receive debt adjustment. However, compared to the revenue, the Defendant used a loan from a lending company or its neighbors for the debt repayment or cost of living with money borrowed from the lending company or its neighbors, the debt exceeds KRW 100 million in around 2015, and used money from another person with the repayment prohibition, with money borrowed from another person, and repeated lending the principal and interest with money borrowed from another person.

1. Around December 8, 2015, the Defendant against the victim B made a false statement to the effect that “A victim B, who works at the store in Jung-gu Seoul, Seoul, would not have any money to take over convenience points he/she operates. In the absence of money, the Defendant would pay the principal within three months while operating convenience points with loans from the lending company in four names.”

However, on the other hand, while the defendant bears a large amount of debt at the time, there was no particular income and did not intend to use it for the repayment of the defendant's debt, and there was no intention to use it for the acceptance of convenience. In addition, even if the victim received a loan, the defendant did not have the intent or ability to repay

Around December 10, 2015, the Defendant had the victim borrow a total of KRW 7 million from the LAF, KRW 7 million from the LAF, KRW 7 million from the LAF, and KRW 19 million from the LAF on December 11, 2015, and KRW 5 million from the LAH around December 11, 2015, and then acquired the loan amount of KRW 19 million from the victim.

2. The criminal defendant against the victim I is in Seoul Jung-gu, Seoul. D. around December 31, 2015.

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