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(영문) 광주지방법원 2017.02.15 2016고정570
사기
Text

The sentence against the accused shall be five million won or more.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. The Defendant, even though there is no real estate owned by C, is to repay by borrowing real estate owned by C as collateral.

In other words, C and C agreed to borrow money from the injured party.

On October 10, 2008, C made a call to the victim and received a loan as collateral for the real estate located in the city of Busan, which is owned in the city of Busan, by lending KRW 10 million to the victim. As such, C had the victim enticed the victim into the account of A, and had the victim wired KRW 9.6 million, excluding the prior interest and KRW 400,000,000 to the account of Gwangju bank in the name of the defendant.

Accordingly, the defendant acquired the property by deception in collusion with C.

2. The Defendant, around May 19, 2009, at the F Hospital Hospital Hospital Hospital in Gwangju-gu, Nam-gu, Gwangju-gu, would provide the victim with the funds “10 million won and not paid before being operated with one loan.”

“A false representation was made.”

However, since the defendant has to pay interest and principal of high interest, even if he/she borrowed money from the victim, he/she did not have an intention or ability to pay such interest and principal.

This part of the facts charged did not have the intention or ability to pay the money by acquiring or operating the money, even if the facts were to borrow the money from the injured party.

“” However, there is no sufficient proof as to the Defendant’s failure to lend money from the injured party, and therefore, it acknowledged the crime by revising the above to the extent that it does not interfere with the Defendant’s exercise of the right to defense.

As such, the Defendant, by deceiving the victim, received 8 million won from the injured party to the Gwangju Bank (G) account in the name of the Defendant from the injured party and acquired the property by transfer.

3. On August 18, 2009, the Defendant called the victim at an infinite place, and held the victim with a “infinite to pay money to the bond business operator.”

The bond company shall pay 3 million won with money to the bond company. The amount shall be paid.

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