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(영문) 춘천지방법원 2020.04.09 2019고단945
사기
Text

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

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to two years of suspended sentence on August 13, 2019 to six months of imprisonment for fraud, etc. by the Chuncheon District Court, which became final and conclusive on August 21, 2019.

【Criminal Facts】

1. On June 20, 2014, the Defendant made a false statement to the effect that “The Defendant would pay 1% interest per month if he/she takes charge of the Plaintiff without being refunded KRW 30,000,000, out of the amount to be returned to him/her at a non-permanent place, and return the principal at any time when it is necessary.”

However, at the time of fact, the defendant did not have any intention or ability to repay the existing debt to the victim even if he borrowed money from the victim due to the payment of the existing debt.

The defendant acquired property benefits by delaying the payment of 30,000,000 won with the consent of the victim.

In addition, from the above date to February 20, 2016, the Defendant suspended the payment of a total of KRW 70,000,000 from the victim on two occasions in the same manner as shown in attached Table 1, and acquired property benefits therefrom.

2. On March 22, 2016, the Defendant defraudeded the loan fraud to the effect that “A commissioning KRW 100,000,000 to B” with interest of KRW 1% per month shall be paid to B, and the principal shall be returned at any time when money is necessary.”

However, at the time of fact, even if the defendant received a loan from the victim due to the urgency of the repayment of the existing debt, he was thought to use the loan only for the repayment of the existing debt or for the cost of living, and there was no intention or ability to pay the loan to the victim at the time of the agreement.

As such, the defendant belongs to this.

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