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(영문) 인천지방법원 부천지원 2015.12.18 2015고단806
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2015 Highest 806] The Defendant borrowed approximately KRW 5.9 billion a year from around 2012 on the condition that the Defendant would suffer from the shortage of funds while developing real estate and rental car business, and paid about KRW 5.9 billion a year interest from those who are not in the name of the business fund. However, the Defendant did not have the ability to repay the loan even if he borrowed money from the victim D because the financial situation of the Defendant aggravated to the extent that the payment of interest would not be properly made due to the lack of special income due to the failure

Nevertheless, the Defendant, in a “F” restaurant located in Gangseo-gu Seoul Metropolitan Government on March 2014, 2014, concluded that “it is necessary to provide business funds to the said victim for real estate development and siren business, and the monthly interest rate of 5% is to be reduced,” and made a false statement to that effect from the victim.

4.1. The recipient received KRW 50 million as business funds and thereafter acquired KRW 247.8 million in total at nine times from that time by October 15 of the same year, from that time, from that time by October 15 of the same year, as shown in the annexed List 1.

[2015Kadan1062] Around September 12, 2014, the Defendant made a false statement to the effect that “The Defendant would lend money to the victim G for a business demand within one week if he/she lends money to the victim G.”

However, in fact, from around 2012, the Defendant borrowed approximately KRW 5.9 billion on the condition of paying interest of 20% per annum from those who have been in the course of real estate development and siren business from them as business funds, but on the other hand, the Defendant did not have any intent or ability to pay the interest even if he borrowed money from others due to the aggravation of business due to the aggravation of business and the aggravation of financial resources so that the interest would not be paid properly.

The Defendant, from September 12, 2014 to October 24, 2014, received 3,1450,000 won, as described in attached Table 2, from the victim, as indicated in attached Table 2, from around September 12, 2014 to around October 24, 2014, as well as from around June 25, 2014 to around October 24, 2014.

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