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(영문) 수원지방법원 안양지원 2013.07.24 2012고단1364
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On July 7, 2008, the Defendant, at the main point of the “Dju” in the name of the Defendant’s operation of the Defendant in Ansan-si, the Defendant: (a) borrowed money from the victim E to the bond company at the time of opening the Dju-si; (b) provided the interest to thener; and (c) provided the bond company with the interest. If the Defendant borrowed KRW 50 million to the lender, the Defendant would pay the bond company with the interest of KRW 50 million with the interest of KRW 50 million. Moreover, the Defendant would pay to thener KRW 2.5 million on the seventh day of each month, and repaid the principal with the interest of KRW 50 million without the mold. It is well-known that funeral service is at all, and there is a good situation that the principal would be transferred to him/her where he/she is unable to repay the money.”

However, at the time of fact, the Defendant was in excess of the obligation, and the above main office was unable to pay the interest on the existing obligation because the income of the above main office was difficult to meet the interest on the existing obligation, and even if he borrowed money from the victim, the above main office was unable to settle the loan out of the existing obligation and continued to lend the money from the lending company. The lease deposit amount of KRW 80 million for the above main office and the lease deposit of KRW 80 million for the above main office was deducted from the unpaid monthly rent and the management fee, which was deducted from the part corresponding to the unpaid monthly rent and the management fee, around November 2008, and it was anticipated that it was difficult for the Defendant to repay the debt to the victim with the lease deposit, so even if he borrowed the money from the victim, the Defendant did not have the ability to pay the money as agreed upon.

As such, the Defendant, by deceiving the victim, received 50 million won from the victim to the bank account under the name of the defendant on the same day, and acquired it by deceiving the victim.

2. The defendant around October 8, 2008 is the Fjun point operated from around June 2008 to the victim E at the above main point.

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