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(영문) 전주지방법원 2018.01.11 2017고단1955
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and three months, and by imprisonment with prison labor for a period of four months.

(2) the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A [Attachment to the Crimes] Defendant (hereinafter “Defendant”) was liable for a separate obligation of KRW 700,000,000,000,000 from August 2, 2014 to March 2015, the claims arising between the period from around August 2014 to March 2015,

E was not likely to receive repayment from E.

On the other hand, in fact, the victim F's spouse B was a situation in which the defendant, E, and the victim knew about it, and it was necessary to prepare expenses for the operation of the Gyeyang in the name of the victim.

Therefore, when the Defendant was in existence with the method of receiving repayment from E as above, if the Defendant prepared 200 million won as collateral and brought about 200 million won in the name of the victim, he/she may be allowed to lend KRW 1 billion through the person who is the G Chairperson.

“Cened finites,” and “E shall lend KRW 200 million from the injured party and have him make a payment of KRW 1 billion through the G president, and then shall have him/her make a payment of KRW 200 million to the injured party, and have him/her make a payment of the remaining money.

“In the form of “E”, the obligor had him/her lend money from the damaged person, and had him/her receive the credit payment from E in the form of “E”.

However, the president of G, which the defendant mentioned above, did not exist, and the defendant eventually, through G president, did not prepare 1 billion won and without any intent and ability to recover claims to E.

[Specific criminal facts] The Defendant, by telephone around August 2016, lent KRW 1.5 billion to E with the victim farm as collateral if he/she brought about KRW 400 million to the G Chairperson by telephone.

“.......”

E, after delivering the Defendant’s horse to the victim as it is, the Defendant could not prepare 400 million won by himself, and again, the Defendant “40 million won” is capable of borrowing KRW 200 million from the president of G (the half of KRW 2 billion).

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