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(영문) 청주지방법원 2020.10.15 2020고단1101
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on May 2017, borrowed money from the victim D, known as the Defendant’s middle school dongs, and did not receive any money from the Defendant to C in the middle school dong-gun B in order to recover the said money, he/she borrowed money from the Defendant’s middle school dong-gun around 2016 and did not complete a house under construction due to the shortage of funds.

On May 2017, the Defendant: (a) around May 2017, the said victim D newly built a Ba, which is urgently needed to pay funds. F, the E president, is the seat of C as a church; (b) was lent KRW 50 million, which is the maturity of September 2017, and as a collateral, was lent KRW 35 million; (c) was paid the amount of the bill at KRW 50 million, including interest, at the maturity of the due date of the bill; and (d) said C would pay the amount of the bill without a framework, and (e) would be liable for any money in the event C fails to pay it.

However, the above electronic bill is not a bill issued or payable by E, the chairperson of E, but it is unclear whether it is paid on the due date as the bill that the above C promised to pay the amount of the bill on the due date for the bill. The defendant or C did not have the ability to pay the due date for the bill.

Nevertheless, on May 23, 2017, when the defendant deceivingd the victim D as above and delivered the victim with an electronic bill in the amount of KRW 50,500,000,000,000, which was issued by the G Co., Ltd. to the K account in the name of the defendant, he acquired by transfer of KRW 32,50,000 to H account in the name of the defendant, and acquired three electronic bills as collateral three times in the same manner as indicated in the attached list of crimes.

2. On October 11, 2017, 201, KRW 900,000,000,000,000 for the payment of taxes related to the completion of the loan Defendant was called “C lending” by phone to the said victim D.

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