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(영문) 광주지방법원 2016.05.11 2015고단3702
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2015 Highest 3702] The Defendant did not have any property as a bad credit holder, and the Defendant did not have any intent or ability to repay the money from the victim C even if he borrowed the money from the victim C. In fact, the Defendant borrowed money from the victim as a land purchase fund and used it to repay the debt to D.

Nevertheless, on March 25, 2012, the Defendant is urgently required for the victim’s “F Institute” in the “F Institute” of the Victim’s Operation in Nam-gu, Nam-gu, Gwangju, about March 25, 2012.

In the case of a loan of KRW 20 million, the interest shall be added to the loan of KRW 25 million after one month, and the loan of KRW 25 million shall be paid to the victim. The loan of KRW 20 million shall be paid to the victim on the 27th day of the same month.

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

[2015 Highest 4834] On January 2012, the Defendant entered part payments to the victim I to purchase the land located in the state innovation city in Korea’s real estate.

If only 10 days are extended with money, interest higher than the interest of the law shall be given, and the principal shall be paid immediately.

“The phrase “ was false.”

However, at the time of fact, the defendant did not have any particular property, and was in bad credit standing, and even if he borrowed money from the injured party due to the amount of KRW 180,000,000, the defendant did not have any intent or ability to repay it.

Around January 17, 2012, the Defendant received KRW 2.7 million from the injured party to the national bank account in the name of J (K) designated by the Defendant, and received KRW 3,700,000 from the injured party from January 17, 2012 to May 24, 2012 as indicated in the list of crimes in the attached Form.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

[2015 Highest 3702]

1. The defendant's person;

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