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(영문) 의정부지방법원 2018.11.07 2017고단5079
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The Defendant, on June 2015, against the victim B, of “2017 order 5079 [the 2017 order order 5079] - The Defendant, on the part of the victim B, requested the introduction of a construction business operator to the affiliated subcontractor E at the DNA conference operated by the Defendant in Bocheon-si, Ma-si, and then requested the introduction of the construction business operator, and the victim B, introduced through the above E, borrowed the construction cost to the victim B. The Defendant will complete the payment for each month business.

“A false statement” was made.

However, in fact, the Defendant is a bad credit holder, and at the time another creditor is stated in the indictment that “13 million won” is stated as “180 million won”. However, on September 14, 2015, which is the date of the completion of the crime in this part, the obligation owed by the Defendant to G by September 18, 2015 is KRW 130 million (the last KRW 50 million was borrowed on September 18, 2015).

2018 High Court Order 2785 (Evidence of this case). Since there is no disadvantage to the defendant to exercise his/her right to defense, it recognized the same differently from the written indictment without the amendment process.

A considerable amount of debt was the credit card payment amount of KRW 20 million and the credit card payment amount was equivalent to KRW 20,000,000, and there was no intention or ability to repay the loan amount to the victim because it was planned to use the loan from the victim as repayment of debt and living expenses and to entrust remodeling work to another person who is not

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 100 million from the victim to the Defendant’s F account on June 22, 2015, from the victim, and, as indicated in the list of crimes in the attached Table, acquired the total amount of KRW 280 million from the victim on seven occasions from September 14, 2015 to September 14, 2015.

"2018 Highest 2785" - Fraud against Victim G

1. On April 19, 2014, the Defendant: (a) lent KRW 100,000,000 to the Victim G (H after the opening of the name) around April 19, 2014, and (b) sought to refund KRW 100,000,000 to the partner as the partner I is unable to maintain a partnership with the business problem; (c) and (d) paid 3% interest per month to the partner.

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