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(영문) 대전지방법원 천안지원 2019.09.04 2019고단524
사기
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2019 Highest 524"

1. On May 7, 2015, the Defendant made a false statement to the effect that “The Defendant would have to lend money to the victim B at the D office where the Defendant works in Seo-gu, Seo-gu, Seo-gu, Seo-gu.”

However, the fact is that the defendant has already been liable to pay more than KRW 2,680,000 per month as principal and interest, and the defendant has to pay more than KRW 2,680,000 per month as principal and interest. Although the defendant received the amount equivalent to KRW 2,680,00 per month, it was insufficient to pay the principal and interest of the above debt, monthly rent and living expenses. In addition, since the defendant was absent from the Internet gambling, there was no intention or ability to pay the loan even if he borrowed money from the victim.

On May 7, 2015, the Defendant, by deceiving the victim as above, received 800,500,000 won from the victim’s account under the name of the Defendant from the victim as the borrowed money, and received and acquired 29,023,478 won in total from that time to August 1, 2016 by the same method as indicated in attached Table 1, including the remittance of KRW 1.

2. On July 20, 2015, the Defendant made a false statement to the effect that “Isman hospital expenses need to be additionally paid to the victim at the D office. Isman’s joint and several liability will be paid in good faith the principal and interest of the loan and will not cause damage.”

However, there was no intention or ability to repay the loan even if the loan was granted with the victim's joint and several sureties because the above situation was related to the defendant's property and liability.

The Defendant, as above, induces the victim and caused the victim to be a joint and several surety that the Defendant borrowed 8,00,000,000 won from F (State), from G, 8,000,000 won from H (State), and 8,000,000 won from H (State) around July 21, 2018, and 8,00,000,000 won from L (State), from L (State) from L (State), from L (State), from L (State), and 8,000,000,000 won from L, around July 20, 2015.

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