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(영문) 수원지방법원 안양지원 2020.03.26 2020고단103
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, from around 1995, entered the Republic of Korea on January 3, 2020 after departing from Vietnam on January 13, 2001 while engaging in debt wholesale business in Ansan-gu B market with the trade name “C”.

1. Fraud against victim D;

A. On June 15, 200, the Defendant made a false statement to the victim D on June 15, 200, stating that “A intending to buy KRW 5,00,000 from E to borrow KRW 5,000,000 by the day.” The Defendant made a false statement to the victim D, “I will faithfully pay the borrowed money on the face of a letter.”

However, in fact, the Defendant did not have any property other than the non-permanent monthly income by the field wholesale business, while the Defendant did not have any property other than the non-regular monthly income, and the obligation was reached in several million won, and the monthly income alone was difficult to fully repay the obligation and interest thereof. Therefore, even if the Defendant had the victim guaranteed the obligation of the Defendant, the Defendant did not have any intent or ability to fully repay

Around November 16, 2001, the Defendant, by deceiving the victim, had the victim guarantee the above borrowed money, and had the victim pay for the above borrowed money by subrogation.

B. On July 14, 200, the Defendant made a false statement stating that “The Defendant would purchase the GG office located in Ansan-si F with a dry field so that it is necessary to secure the Defendant to borrow KRW 20 million from G Co., Ltd. with a view to borrowing KRW 20 million. The house will be repaid in good faith on the high seas as security.”

However, the defendant is based on No. 1. A.

Even if the victim provides physical security for the defendant's debt, as described in the paragraph, he/she did not have the intent or ability to pay the loan properly.

On July 14, 2000, the Defendant deceptioned the victim, and caused the victim to do so, and caused the victim to do so, to do so, the maximum amount of the claim amount of KRW 28 million, the obligor, the Defendant, and the mortgagee of the right to collateral security.

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