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(영문) 수원지방법원 성남지원 2015.02.27 2014고단1753
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 17, 2013, the Defendant was granted a loan of KRW 24,00,000,000 in total, from eight financial rights, such as the social finance, etc., to the Dispute Resolution Bank around April 17, 2013, with the victim C as a joint and several surety.

1. Around April 18, 2013, the Defendant called the victim’s phone to the E office located in Seongbuk-gu, Sungnam-si, the Defendant: “Around April 18, 2013, the Defendant is liable if he/she lends KRW 30 million to the victim, even if he/she receives a loan because he/she is too small to do so, and he/she will repay the loan without a mold within one month.”

However, even if the victim borrowed money from the victim, he/she did not have an idea to invest in the waste incineration site and was expected to use it to repay his/her debts. While there was no particular property, the debt has reached the amount equivalent to KRW 120 million, and the monthly income has not reached the amount equivalent to KRW 20 million, and there was no intention or ability to repay the borrowed money within one month, even if he/she borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received 28 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day as the loan money.

2. Around June 19, 2013, the Defendant called the victim’s phone call to the above E office, stating that “The Defendant would pay in cash immediately if he deposits the funds to the account to pay KRW 500,000 as it is necessary to pay the funds to the business being promoted.”

However, even if the victim transferred KRW 500,000 from the account to the account, there was no intention or ability to pay in cash immediately.

The Defendant, by deceiving the victim as such, received 50,000 won from the victim to the new bank account in the name of support resources on the same day.

3. Around September 27, 2013, the Defendant was in arrears with interest to KRW 24 million loaned by phone call from the victim to the victim as a joint and several surety around April 17, 2013.

N.N.N. 15 million won.

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