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(영문) 전주지방법원 2016.03.30 2015고단2286
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 31, 2014, the Defendant, at around October 31, 2014, made a false statement to the effect that “A” of the victim’s “D” in the management office of the victim’s “D” located in Geumcheon-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around October 31, 2014, the Defendant would pay the victim KRW 300,000 equivalent to 3% of the principal amount on the first day of each month if he/she lends KRW 10 million to the victim, and that he/she would have repaid the principal after three months.”

However, the Defendant had no property under the Defendant’s name at the time, and was in bad credit standing due to the failure to repay the debt of KRW 20 million, and was under circumstances where no other method exists, and thus, the Defendant did not have any intent or ability to repay the debt even if he borrowed the above money from the injured party.

Nevertheless, on the same day, the Defendant received KRW 10 million from the injured party to the Agricultural Cooperative Account in the name of E as a loan.

2. On November 1, 2014, the Defendant committed a crime on November 1, 2014, concluded a false statement to the effect that, in the management office of “D”, the Defendant would lend the victim additional KRW 20 million to the victim, calculated the amount equivalent to 4% of the principal and would be paid as interest, and the principal would be repaid after one year.

However, due to the circumstances described in the preceding paragraph, there was no intention or ability to repay the same at the time even if the victim borrowed the above money from the injured party.

Nevertheless, on the same day, the Defendant received KRW 20 million from the damaged party to the Agricultural Cooperative Account in the name of E as a loan.

3. The Defendant, on January 22, 2015, made a false statement to the effect that “A” in the “D” management office around January 22, 2015, the Defendant would have to take over the machinery by moving the luminous ray from the vehicle to another place, which is operated by the Defendant, to the victim, with the intention that “I will have to complete payment without a mold until March 30, 2015, when lending 12 million won as the money is insufficient to move to the other place.”

However, the facts are the same as the entry in one.

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