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(영문) 광주지방법원 2016.11.17 2015고단3544
사기등
Text

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

Reasons

Punishment of the crime

"2015 Highest 3544"

1. Fraud against the victim C;

A. A. On June 20, 2013, the Defendant: (a) around June 20, 2013, at the mutual influencing beer of the trade name located in the monthly town in Gwangju Mine-gu, Gwangju; (b) the Defendant would guarantee the principal if he/she lends KRW 40 million to the victim C who was a diplomatic mission of the Defendant’s child; and (c) would return money at any time, including interest and extra expense, to the victim C, who had been a diplomatic mission of the Defendant’s child.

The Defendant made a false statement to the effect that “The Defendant was liable to pay 34 million won a bank account, 8 million won a loan, and 400 million won a bank loan granted under the name of the Defendant’s mother.” Nevertheless, the Defendant had no intent or ability to repay said loan even if borrowing money from the victim. Nevertheless, on June 20, 2013, the Defendant, by deceiving the victim as such, received KRW 40 million from the victim to the Defendant’s account in the name of the Defendant around February 17, 2014. (b) On February 17, 2014, the Defendant, at an entertainment drinking house located in Gwangju Mine-gu, Gwangju, to borrow money from the victim “E” in the name of the Defendant.

Since internal payments will be made in gold, it will be deducted from the guarantor as soon as the surety is guaranteed.

However, even if the Defendant borrowed KRW 20 million from a bond company as collateral for the victim’s guarantee, the Defendant did not have any intent or ability to repay his/her liability due to the circumstances described in the foregoing paragraph (a). Nevertheless, the Defendant, by deceiving the victim, had the victim guarantee, and had the victim guarantee the amount of KRW 20 million, and had the victim borrow KRW 20 million, thereby gaining economic benefits equivalent to the said amount. (c) On March 2014, 2014, the defrauded around March 2014, the Defendant was in need of a car to take over the news report from the “E” entertainment tavern located in Gwangju Mine-gu, Gwangju, and the “A” to the victim C.

However, there is no driver's license, so it is possible to purchase the vehicle in the name of width.

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