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(영문) 전주지방법원 2014.06.24 2014고단406
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On November 22, 2011, the Defendant: (a) on the part of the U.S. bank located in the U.S. in the U.S.-dong-dong, the Defendant, without any particular property or income, committed a debt equivalent to KRW 20 million with financial rights, etc.; and (b) on the part of the victim B, the Defendant, despite the absence of intent or ability to repay the debt despite having not been planned to find employment with the company; (c) provided that “The Defendant shall pay the debt with money borrowed from his/her natives to the other person; (d) he/she will immediately attend the company; and (e) received the money from the victim as the borrowed money and received the money from the victim.”

2. On November 15, 2012, the Defendant: (a) at a place where it is difficult to identify a place below the Masan-dong, Masan-dong; (b) without any particular property or income, the Defendant did not have any intent or ability to repay money from another person; and (c) even if the Defendant offered and borrows money from another person, he/she did not have intent or ability to pay the victim C’s obligation with the money; (d) however, even though he/she did not have intent or ability to pay the victim’s obligation with the money, the Defendant borrowed 5.7 million won by telephone to the victim so that he/she can find the franchise. If the Defendant finds the franchise with money, he/she would offer the money as security again to another person and repay the money including interest to the other person; and (e) then, he/she acquired the money from the victim under the name of the Defendant on November 16, 2012 under the name of the new bank borrowed the money under the name of 5.7 million won.

3. On March 2, 2013, the Defendant had no intent or ability to pay money from another person when the Defendant borrowed money from another person the obligation of financial rights, etc., without any particular property or income, at the victim E’s studio located in the following cities: (a) the Defendant borrowed money from the Defendant’s parents.

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