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(영문) 수원지방법원 평택지원 2015.08.12 2015고단781
사기
Text

A defendant shall be punished by imprisonment for up to seven months.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On April 2012, the Defendant acquired KRW 35 million by deception, the victim B at the D’s coffee shop located in Masung-si, Masung-si, G, and jointly with E, set up a new store in Sungnam-si, with E. When lending money necessary for the operation of the shopping mall, the Defendant would pay 2.5% interest every month and repay the principal without a molding one year. Domestic Samsung Electronic shares are owned by a large number of shares, and even if the Plaintiff owned an apartment house of KRW 300 million at the market price in the Dong B of Gyeonggi-do, it would have no problem with the repayment of cash.”

However, the fact is that the Defendant did not have engaged in the business of operating the “G” store with the “E”, and the Defendant did not own Samsung Electronic Stocks or Apartments, but did not repay the credit card loans due to the absence of certain assets or revenues, and thus, there was no intention or ability to repay the credit card loans even if the Defendant borrowed money from the victim because there was no way to pay the credit card loans or to prepare living expenses.

Around May 7, 2012, the Defendant received KRW 35 million from a single bank account (Account Number: H) in the name of the Defendant from the victim.

Accordingly, the defendant was given property by deceiving the victim.

B. On September 2012, the Defendant acquired 5 million won by deceit, false statement to the effect that “The Defendant would pay 3.5% interest of 35 million won per month prior to the borrowing of money necessary to purchase a good by telephone to the victim from the Defendant’s house located in the Seocho-si I apartment 103 1215 Dong 1215, An I apartment 103 and 1215, the Defendant would make a full payment without molding seven months later.”

However, the facts are the first clause of the defendant.

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