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(영문) 광주지방법원 장흥지원 2018.09.20 2018고단128
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On July 2, 2015, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for occupational embezzlement in the Gwangju District Court’s Seoul District Court’s support on July 2, 2015, and the judgment became final and conclusive on July 10, 2015. On December 3, 2015, the same court was sentenced to the suspension of the execution of four months of imprisonment for a criminal offense and became final and conclusive on December 11, 2015.

[Criminal facts] The Defendant is between the victim B and the native friendly relationship.

1. On January 6, 2014, the Defendant made a false statement that “A loan is made due to the use of money, and a joint and several surety will be paid well and repaid with the interest on the face of the principal and the loan,” to the victim in the Nam-gun, Southern-gun, a police officer at the early May 2014.”

However, at the time of illegal sports gambling, the Defendant had no intention or ability to fully repay the principal and interest of several million won, as it was difficult for the Defendant to lend the principal and interest of the lending company.

On January 6, 2014, the Defendant borrowed KRW 5 million from the victim to have the joint and several sureties loan company around the time of the loan to the victim, and the victim had the victim repay the above debt on behalf of the victim.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits of 5 million won.

2. On April 7, 2014, the Defendant made a false statement to the victim at the training site of the reserve forces located in Jinjin-gun, Namjin-gun, Seoul, on April 7, 2014, stating that “(the foregoing paragraph 1) interest rate is high, thereby changing the lending company to the victim.” On the face of a week, the Defendant borrowed KRW 8 million under the four names, and paid the above loan with KRW 5 million in full, and paid the remainder of KRW 3 million in full, and the principal and interest shall be deposited into the four accounts every month.”

However, even if Defendant 1 received the above 8 million won, it is thought that it will be used for other purposes, such as returning the money embezzled at the workplace, etc., and there is no intention to repay the above 1 million won loan, and it is difficult for Defendant 1 to pay the principal and interest of the existing loan company.

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