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(영문) 대전지방법원 2013.06.12 2013고단984
사기
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is a company member.

On October 5, 201, the defendant extended 10 million won to the victim's D(39 years of age) office located in Seosan-si on October 5, 201.

In addition, the interest will be paid twice a month at the end of this month by setting a director in the United States E-Ba in which he live and setting a deposit at the same time.

"At present, 10,000,000 won was transferred from the victim to the national bank account (Account NumberF) in the name of the defendant.

Since then, the Defendant received KRW 1,250,000 from the victim to the said account on October 24, 201, on the ground that the Defendant: (a) borrowed money to the victim; (b) received KRW 1,200,000 from the said account in the name of the Defendant around November 19, 201; and (c) continued to receive a transfer of KRW 1,200,000 from the victim to the said account even around December 15, 2011, on the ground that “if it is necessary to make a repayment of any loan due to any cause or event, it would return the said money after one week” from the victim.

However, at the time, the Defendant had reached the amount of 270,000,000 won of loans borrowed from credit unions, banks, and community credit cooperatives, and the monthly credit card companies have reached the interest amounting to KRW 2,50,000,000.

In addition, the above lending held by the Defendant was also purchased at a price equivalent to 300 million won, but 216,000,000 won out of which was acquired from a seller’s bank-backed loan was established as a collateral of 296,400,000 won, and on the other hand, the seller failed to pay 50,000,000 won out of the purchase price to the seller, and even if the seller borrowed money from the victim due to the lack of any transaction, such as the sale and purchase of the real estate, the seller did not have any intent or ability to repay the money.

Nevertheless, the defendant.

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