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(영문) 광주지방법원 2012.07.19 2011고단6939
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around June 2010, the Defendant committed fraud against C with the victim: “Around June 2010, the Defendant made a false statement to the victim C that “at the rate of KRW 10 million per day, the sales of which is KRW 10,000 per day, and the interest of which is above 20-30%, the Defendant may receive additional loans from the bank if he/she borrowed money.”

However, the fact is that D operated by the defendant paid the goods price, expenses, interest, etc., and whether it is possible to receive additional loans from the bank.

Furthermore, even if the Defendant borrowed money from around KRW 3.8 billion, it was an urgent situation to pay the above interest, the price of goods, and the cost of the loan.

Therefore, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it normally.

As such, the Defendant, by deceiving the victim, obtained from the victim the total sum of KRW 30 million on July 1, 2010, KRW 20 million on July 13, 2010, KRW 89 million on August 13, 2010, KRW 40 million on September 7, 2010, and KRW 48 million on November 29, 2010, and acquired by defrauded the victim.

2. On June 18, 2010, the Defendant was unable to pay the victim E the remainder of the construction cost of the new construction of the Seoul-gu F building owned by the Defendant, and thereby received a provisional attachment order from the Gwangju metropolitan District Court on June 18, 2010 as to the G apartment owned by the Defendant, Gwangju G apartment 102 Dong 1602.

On May 17, 2011, the Defendant stated that “The Defendant shall pay the Defendant KRW 20 million to the Defendant with the amount of KRW 15 million, and the amount of KRW 500,000 following the provisional seizure, if the Defendant revoked the provisional seizure, shall be repaid to the Defendant, and the remainder KRW 10,000,000 shall be repaid until December 31, 201.”

However, the defendant did not have any intention or ability to pay the above money.

On May 18, 201, the Defendant, by deceiving the victim, shall have the victim cancel the above provisional seizure on May 18, 201, and the amount of KRW 20 million is KRW 20 million.

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