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(영문) 수원지방법원 2019.08.16 2019고단2163
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Fraud;

A. On September 2017, the Defendant borrowed money in the name of the business partner’s transaction amount or the repayment of borrowed money, the Defendant made a false statement to the victim B, who was a school member at the time of the mid-2017 police officer, stating that “The Defendant was unable to pay the money to the business partner. If the Defendant borrowed KRW 50 million, he/she did not pay the money to the business partner even if he/she collected the money in the form of installment savings, etc. after one week.”

However, in fact, the Defendant did not pay the amount of money borrowed from the victim to the customer and did not plan the personal use of the money for gambling and entertainment, and did not intend to pay the money from the beginning. There was no money such as installment savings, and there was no amount of money 30 million won or more in corporate banks, C, etc., but there was little profit in the Defendant’s operation. Therefore, the Defendant did not have the ability to pay the above borrowed money.

Nevertheless, on September 22, 2017, the Defendant: (a) by deceiving the victim as above; and (b) obtained from the victim the sum of KRW 50 million in the aggregate of five copies (the check number: E-F) at the point of South Korea branch of a corporate bank located in 157, in Suwon-si, Suwon-si, Suwon-si, the Defendant acquired from the victim, thereby deceiving the victim.

The Defendant, including that, from that time until January 2, 2018, received total of KRW 120,100,000 through seven times, such as the list of crimes (1) as shown in the attached Table of Crimes (1).

B. On November 2017, the Defendant borrowed a loan in the name of the establishment and operation of a broadcasting station, 2017, the Defendant made a false statement to the victim B, stating, “The Defendant was engaged in an urban blue shock, which now has been given a good opportunity for the broadcasting station to rent KRW 200,000,000,000,000,000,000,000,000 won by converting the leased real estate from the monthly rent to the monthly rent.” On November 26, 2017, the Defendant made a false statement to the effect that “Around the broadcasting station, there has been a heavy equipment in the broadcasting station, and a KRW 100,000,000,000,000,000 should be extended to the victim.”

However, the defendant borrows from the victim.

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