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(영문) 광주지방법원 2018.10.25 2018고단15
사기
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. On April 4, 2013, the Defendant called the victim B by phoneing the phone to the victim B and lent KRW 10,000,000 to the victim. On the other hand, at the one-year period, the Defendant provided that, “At the same time, the Defendant would have to pay interest by adding three-month interest to the extended sum and paying the interest.”

However, since the Defendant had to pay most of the incomes as interest on the borrowed money due to a large amount of debt at the time, even if he/she borrowed money from the damaged party, he/she did not have any intent or ability to change it within the time limit.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim’s account under C’s name from the victim, and received KRW 26 million from May 20, 2015, including around that time to May 20, 2015.

2. On July 7, 2014, the victim F Defendant: (a) calls from the victim F to the victim F to lend money to the victim F; and (b) only one month shall be paid.

Interest was paid in 3 copies a month as interest.

However, since the Defendant had to pay most of the incomes as interest on the borrowed money due to a large amount of debt at the time, even if he/she borrowed money from the damaged party, he/she did not have any intent or ability to change it within the time limit.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 10,500,000 from the victim’s account under C’s name from the victim, and received KRW 125,150,000 from around that time to April 18, 2017, as shown in attached Table 2.

3. On March 16, 2015, the Victim G Defendant: “Around March 16, 2015, the Victim G was operated by the Victim G in the Republic of Korea H, Seoul, through the Defendant’s external third villageJ, to lend the victim KRW 50,000,000,000 to the victim, who would be paid interest on KRW 3,00 per month.”

However, since the defendant has a large amount of debt at the time, most of the incomes have to be paid as interest on the borrowed money.

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