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(영문) 전주지방법원 2021.01.13 2019고단1756
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person who operated a household agency with the trade name of “B” and was willing to borrow money from the victim C, who was a father after his husband.

1. On July 17, 2015, the Defendant was guilty on July 17, 2015, at the “B” household agency located in Yansan-gu, Yancheon-gu, Yandong-si, the Defendant was aware of the money previously invested.

In the case of lending money necessary for the delivery of goods.In one month, the principal shall be repaid for five years in 200,000 won and 1.9 million won shall be paid as interest for each month.

“A false representation was made.”

However, in fact, the Defendant did not have any specific plan to deliver the goods with the money borrowed from the injured party while operating the furniture agency at the time, so even if he borrowed money from the injured party, the Defendant did not have any intention or ability to pay the money.

On July 17, 2015, the Defendant received from the injured party the remittance of KRW 16,100,000,000 from the Defendant’s account in the name of the former E bank account in the name of his wife E.

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.

2. On or around October 12, 2016, the defrauded: (a) around September 12, 2016, the Defendant borrowed the victim a loan of KRW 50 million from a mother-and-child loan to the victim; and (b) borrowed the victim’s loan of KRW 25 million from the loan to the end of each year; and (c) repaid KRW 25 million from the loan to the end of each quarter of January 2017. The Defendant would have received the loan again at the end of each quarter of January 2017 and repaid the amount without the mold.

“A false representation was made.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not have any intent or ability to pay the money to the injured party even if he borrowed money from the injured party because it was planned to use the card payment, not the repayment of the loan, and the repayment of personal debt.

The Defendant shall transfer the sum of KRW 5 million, around October 7, 2016, and KRW 25 million, including KRW 20 million around October 12, 2016, to the account of the above North Korean bank in the name of E.

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