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(영문) 의정부지방법원 고양지원 2018.05.25 2016고단3849
사기
Text

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

Reasons

Punishment of the crime

On August 28, 2015, the Defendant was sentenced to four months of imprisonment for fraud and one year of suspended execution at the Seoul Western District Court (Seoul Western District Court), and the said judgment became final and conclusive on September 5, 2015.

1. On May 8, 2013, the Defendant: (a) on May 8, 2013, the Seodaemun-gu Seoul Special Metropolitan City Reddong Nursing University, the Defendant: (b) on May 8, 2013, the victim C with a substantial business in the name of the wife; (c) on a monthly loan of KRW 50 million, the Defendant paid interest of KRW 400-5 million; and (d) on a ten-month basis.

“Along on June 2013, the victim will pay the interest and principal if he/she lends additional money to the victim on or before the end of the same year.”

“The phrase “ was false.”

However, in fact, the defendant did not have any financial ability at the time, and since it is unclear whether the above loan was used for the purpose of lending gambling money at the gambling place, there was no intention or ability to pay the interest and principal to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the delivery of KRW 60 million in total from the victim on May 9, 2013; (c) KRW 50 million on June 24, 2013; and (d) KRW 5 million on June 26, 2013.

2. On March 12, 2014, the Defendant “2016 Highest 3884,” from “E golf practice hall” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to the victim F, who is the same kind of ship, requires funds to conduct Internet program business.

It is expected to pay a lot of interest including principal within one year from the lending of money.

A false statement was made that he/she would have repaid even if he/she sold, because he/she had an apartment.

However, in fact, the Defendant was thought to have borrowed 100 million won from the damaged party as his/her debt, used his/her living expenses, etc., or called the victim as interest, etc., and had not obtained prior consent from G with the name of the apartment owner to provide the apartment as security or to sell the apartment. Therefore, even if the Defendant borrowed money from the damaged party, the Defendant would have to pay the money.

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