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(영문) 청주지방법원 제천지원 2017.02.02 2016고정120
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On August 16, 2015, the Defendant: (a) around August 16, 2015, to the victim E, who is located in the “D cafeteria” located in Seocheon-si, the Defendant operated by the Defendant, “The amounting to KRW 6,00,000,000, interest rate is KRW 200.

If a person lends KRW 6,00,000, he/she said that he/she will repay the debt with the money, and that he/she will perform funeral services by February 2, 2016.

However, at the time of fact, the Defendant borrowed money from a single-paid company, a lender, a branch, etc. not less than KRW 6,000,000, but not less than KRW 22,000,00, and the Defendant had no particular property at the time. Since 3-4 years ago, the Defendant was unable to operate the above restaurant, and was instructed by the enemy. In particular, at the time of this loan, the Defendant did not have any intent or ability to make a change within the time of promise even if he borrowed money from the injured party because the net profit was not more than KRW 80,000,00.

As above, the defendant deceivings the victim and was transferred KRW 6,00,000 to the account (F) in the name of the defendant for the same day as the loan money.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 1, 2015, the Defendant would complete payment to the Defendant prior to this delay, if he/she lent the money to the Defendant to the Defendant in front of the Nonghyup-dong, Chocheon-si, Seoul Special Metropolitan City.

“.....”

However, at the time of fact, the Defendant borrowed money from a single recipient company, a borrower company, a branch company, etc., not more than KRW 6,000,000, but not more than KRW 22,000,00, and the Defendant had no particular property at the time. The Defendant was instructed by the enemy since 3-4 years ago since the operation of the above restaurant was not good. In particular, if the net profit was not more than 80,000,000, and the Defendant offered monthly loan from the damaged party, it is difficult to repay the interest of the existing debt, and even if it was promised to borrow money from the injured party, it would be changed within the time of promise.

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