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(영문) 창원지방법원 통영지원 2018.09.12 2018고단503
사기
Text

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

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On November 2015, around November 2015, the fraud Defendant made a false statement to the victim at the E-cafeteria located in the Doo-si, the victim C was operated on November 12, 2015, stating, “The Defendant would pay the principal and three additional interest within two months if he/she borrowed 20 million won in the name of the Fromen operating capital.”

In fact, the defendant did not have income at the time, F did not run the defendant's company, F thought that the loan was used for personal purposes, such as repayment of the defendant's debt, not for F's operating funds, and there was no intention or ability to repay the loan because there was no particular property.

The defendant deceivings the victim as above and received 20 million won from the Saemaul Treasury account (G) in the name of the defendant under the pretext of borrowing money from the injured party on the same day.

B. On December 10, 2015, around December 10, 2015, the Defendant made a false statement to the said victim stating that “If a company lends 100 million won in the name of its operating fund, it would have borrowed 20 million won in the previous loan, it would have to pay the principal and 3 additional interest by April 10, 2016.”

In fact, the Defendant did not have the intent or ability to repay the borrowed money as stated in the “A” paragraph (1).

The defendant deceivings the victim as above and received 9,387,00 won from the victim on the same day, excluding the credit amount in the accounts of the Saemaul Treasury (G) in the name of the defendant, under the pretext of borrowing money from the victim.

(c)

On February 6, 2016, at the place indicated in the “A” clause of No. 1 at around February 6, 2016, the Defendant would have to pay the said victim the wages of employees, if he/she loans the amount of 10 million won to the said victim, together with the amount of 120 million won already borrowed.

The phrase “ makes a false statement.”

In fact, the Defendant did not have the intent or ability to repay the borrowed money as stated in the “A” paragraph (1).

The defendant deceivings the victim as above and belongs to the same day.

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