logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.10.02 2018고단268
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2, 2016, the Defendant: (a) around June 2, 2016, at the F Office for the Operation of Victim E in Jung-gu Seoul, Jung-gu, Seoul.

A loan of KRW 100 million shall be repaid in an amount equivalent to KRW 10,000 and interest KRW 1,90,000 per month between the ten-month period, but shall be paid in 40,000 through KRW 450,00 per day after calculating the number of days.

In addition, it will provide 150,000 won as security for the store lease deposit operated by Korea.

The phrase “if a person fails to repay the borrowed money, he/she shall be exempted from the deposit received” was false.

However, in fact, the Defendant had already borrowed KRW 100 million from G and provided the above lease deposit to G as security. Since the Defendant bears KRW 2,000 to KRW 300,000, KRW 100,000 to the Saemaul Treasury, KRW 100,000 to the above G, and KRW 40,000 to H’s debt to the said G, the Defendant did not have any intent or ability to repay the loan from the damaged person as agreed.

As such, the Defendant, by deceiving the victim, received cash of KRW 100 million from the victim on the same day as the borrowed money.

2. On September 19, 2016, the Defendant requires “business operation funds” to the victim at the place specified in paragraph 1 (1).

The principal of the existing 100 million won loan remains in the amount of KRW 60 million, and the additional 50 million loan of KRW 50 million shall be repaid in the amount of KRW 1.9 million per month between the five-month principal and interest of KRW 1.9 million per month between the five-month loan of KRW 50 million, but shall be repaid in the amount of KRW 400,000 through KRW 4.5 million per day by calculating the number of days.

The phrase “a lease deposit already provided as security shall be exempted upon receipt of KRW 150,000,000,000, if the internal payment is unable to repay the borrowed amount.”

However, the defendant did not have any intent or ability to repay money in accordance with the promise even if he borrowed money from the damaged person on the grounds as described in paragraph 1.

As such, the Defendant deceivings the victim, and thereby deceivings the victim, KRW 50 million in cash on the same day from the victim.

arrow