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(영문) 청주지방법원 충주지원 2013.07.03 2013고정65
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Fraud of loans;

A. On March 30, 2011, the Defendant stated that “If the Defendant loaned KRW 10 million as a restaurant repair fee, etc. to the victim E, the Defendant would repay the principal to the victim’s E at the “D coffee specialty” located in the Seongbuk-gu voice C, the Defendant would pay the victim KRW 700,000 per month and the principal.”

However, in fact, the Defendant had a debt of 250 million won or more at the time, and the monthly payment of 5 million won or more has not been made every month, and there was no intention or ability to repay the debt even if he/she borrowed money from the victim without any particular property.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s wife F, on the same day.

B. On July 22, 2011, the Defendant told the victim E that “If the cafeteria is required to operate the cafeteria, the Defendant would pay the principal to the 500,000 won per month with the 500,000 won and the principal would be repaid.”

However, in fact, the defendant did not have any intention or ability to repay the borrowed money from the victim under the circumstances like the above paragraph (a).

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of F on the same day.

2. Around November 21, 2011, the Defendant: (a) stated that “If he/she lends a card to the victim E, he/she would make payment after using the card.”

However, the defendant did not have an intention or ability to pay the card price even if he received and used the card from the victim due to the circumstances such as the above Paragraph 1.

Ultimately, the Defendant, by deceiving the victim as above, obtained a copy of the Non-Cock Card owned by the victim and used it in purchasing goods, etc. with a total of KRW 19,584,965 in total over 13 times, such as the crime sight slip, and then used it among them, KRW 7,500,00.

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