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(영문) 광주지방법원 2015.06.18 2015고단1388
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, a person operating a restaurant with the trade name of “B”, was aware of the victim D (ma, 66 years of age) through “B” through C.

1. On August 2013, at the end of the end of August 2013, the Defendant made a false statement to the effect that, by putting the phone to the victim at the end of the end of August 2013, the Defendant would try to purchase it in a large amount to deal with dumping of low swine leaves. The Defendant purchased pigs in large quantities, thereby keeping pigs in two freezings located in the agency located in Gwangju Mine-gu, Gwangju Mine-gu, and then disposing of the price at the time of misunderstanding, it would reach a huge benefit. The Defendant would pay 2.5% (30%) interest per month on the borrowed pigs.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to purchase the swine payment, he was thought to pay the interest on the bonds borrowed from the victim or to use it for other personal purposes, and there was no intention or ability to pay the interest of 2.5% per month.

On September 30, 2013, the Defendant, by deceiving the victim as above, was delivered KRW 20 million in cash to the victim through C as a loan borrowed around September 30, 2013.

2. Around October 2, 2013, the Defendant made a false statement that, on October 2, 2013, the Defendant paid 40,000 won in cash to the victim with the interest of KRW 20,000,000,000 borrowed from the French land as referred to in paragraph (1) and that, at the same time, the Defendant would have to purchase the said interest at a higher rate than that of the Defendant. The Defendant borrowed 10,000,000 won in cash. Then, the Defendant would have repaid the principal on September 30, 2014.

However, even if the Defendant borrowed money from the victim, he/she did not have the intent or ability to purchase the swine payment, he/she thought that he/she borrowed money from the victim to pay interest on the bonds or to use it for other personal purposes, and he/she did not have the intention or ability to pay the principal by September 30, 2014.

As above, the defendant deceivings the victim and belongs to it.

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