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(영문) 수원지방법원 평택지원 2019.01.17 2018고단1459
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On June 10, 2015, the Defendant, on June 10, 2015, concluded that “If he/she borrowed KRW 5 million from E and borrowed it to the victim, he/she would pay the principal and interest including interest on the 25th day of each month” to the victim in Pyeongtaek-si C where the Defendant and the victim worked together with the Defendant.

However, in fact, the Defendant was obligated to preferentially repay 65 million won, and the monthly income was 3 million won, and the fixed monthly expenditure, such as monthly income, public charges, food expenses, card payments, loan interest, etc. was difficult to take charge of monthly expenditure of KRW 505-5450,000,000. Since active property, such as bonds, did not have any intention or ability to repay 65 million even if the Defendant borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received five million won from the victim to the F bank account (G) in the name of the Defendant on the same day.

B. On November 24, 2015, the Defendant was guilty on November 24, 2015, the first day of November 24, 2015.

In the same place as in the same paragraph, the victim made a false statement to the effect that the victim “if he/she lends an additional amount of five million won, he/she will pay the interest of 2% per month and make repayment by April 25, 2016.”

However, the defendant 1-A is true.

Even if they borrow money from the victim as described in the subsection, they did not have the intention or ability to complete the payment.

Nevertheless, the Defendant, by deceiving the victim as above, received five million won from the victim to the F bank account (G) in the name of the Defendant on the same day.

C. On May 31, 2016, the Defendant was guilty on May 31, 2016, and No. 1-A.

In the same place as Paragraph 1, the victim made a false statement that “if the victim lends an additional amount of KRW 5 million, 2% interest shall be paid per month, and repayment shall be made by the end of December 2016.”

However, the defendant did not have any intention or ability to complete payment even if he borrowed money from the victim, such as Paragraph 1(a).

Nevertheless, the defendant is above.

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