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(영문) 의정부지방법원 2018.05.10 2018고정146
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 23, 2013, the Defendant loaned KRW 5 million to the victim D, as the husband of C is required to pay the construction cost rapidly, at the time of the G’s house located in Gyeonggi-gun Group B, Gyeonggi-do around June 23, 2013. The Defendant used for ten days, and is responsible for and repaid by adding the interest rate higher than the bank’s own.

“Finally false.”

However, from the beginning, the defendant was expected to use the above money for his debt repayment, etc., and there was no personal property or certain source of revenue, and there was no intention or ability to repay the borrowed money to the victim as agreed.

Accordingly, the Defendant, by deceiving the victim as above, received the remittance of KRW 5 million from the victim to the passbook C in the name of the same day.

2. On June 26, 2013, the Defendant made a false statement to the effect that “The Defendant would repay money without money if it lends money” with the victim D as if he had an economic ability, stating that “the Defendant had engaged in money transaction with C & 30 million won, and is residing in an apartment complex with the deposit deposit of KRW 20 million.”

However, in fact, the Defendant did not engage in money transactions as above with C and was residing in a monthly apartment, and there was no certain amount of hospitalization or personal property, and there was no intention or ability to repay the borrowed money to the victim as agreed.

Accordingly, the defendant deceivings the victim as above and acquired 700,000 won from the victim on the same day.

3. On July 4, 2013, at the Defendant’s house located in Gyeonggi-gun E, Gyeonggi-do, the Defendant lacks a down payment for the store lease to the victim D in order to jointly operate the C and coffee shop.

A false statement was made to the effect that "I will immediately repay after concluding a contract with a loan of KRW 3 million.0 million."

However, the defendant was scheduled to use the above money to pay his personal debt, operated a coffee shop from the beginning, or used it as a shop down payment.

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