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(영문) 제주지방법원 2018.07.16 2017고단1129
사기
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 2016, the Defendants borrowed KRW 20 million from the victim D (29 tax) who became aware of the same person’s friendship through Defendant A around 10 years prior to the end of 2016, and used money as funds for the operation of the clothing retail store, the Defendants requested the Defendant A to borrow money from the victim D (29 tax) who was unable to pay the money. As such, the Defendants were able to use money from the victim as if he was in need of money.

Defendant

B around March 10, 2016, at the end of the week of Jeju, the Plaintiff asked Defendant A to the effect that “I will repay to one month any more than KRW 30 million borrowed money by making a phone call to Defendant D with the effect that “I will not lend any more money to D.B.”

Defendant A, who consented to this, calls from the victim at the site of the same day not exceeding the same day and calls the victim to operate the head office on the line and in the west.

If we prove the balance to our bank, it can obtain a loan as security, so it is also possible to pay the interest to the bank immediately after receiving the loan by proving the balance of the loan.

It shall be the same for ten days at one week.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, Defendant A did not intend to lend KRW 30 million from the injured party to use it for the purpose of proving the balance for receiving a loan from the bank. Defendant B did not intend to borrow additional money from the injured party due to the need for business funds, etc., and the Defendants did not have any particular property, and there was no intention or ability to repay KRW 30 million at the due date in light of monthly income, etc.

As a result, the Defendants conspired to deception the victim, and then, the amount of KRW 1,425 million around March 10, 2016, from the victim, to the bank account under the name of the Defendant A, and KRW 15 million around the 14th day of the same month.

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