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(영문) 춘천지방법원 2019.02.13 2018고단1267
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On June 20, 2018, the Defendant was sentenced to ten months of imprisonment in the original state branch of the Chuncheon District Court for fraud, and the judgment became final and conclusive on October 25 of the same year.

【Criminal Facts】

1. From July 2014 to August 2014, the Defendant concluded that “Around 100,000 won of the principal and interest KRW 6 million (one million per month) shall be repaid for ten months, and the remainder of KRW 40 million shall be repaid for four months thereafter.”

However, the Defendant had the obligation to lend approximately KRW 160 million to the C Card, D Bank, E, Korea Housing Finance Corporation, etc. at the time, and the monthly income was not fixed because the transport business run by the Defendant was not good, and the monthly income was not good and the economic situation was not good to the extent that the monthly salary and the vehicle installments of the article operating the freight vehicle were not adequate or insufficient. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to normally repay the money.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 100 million from the victim, including KRW 75 million around August 31 of the same month, and KRW 25 million around August 5 of the same year, and acquired it through a DNA bank account (F) in the name of the Defendant.

2. On December 2016, the Defendant committed a crime at the early December 2016, the Defendant was unable to obtain additional loans on the ground that: (a) the victim B loaned money to the Defendant at a place that was not a policeman in early December 2016; (b) the victim’s mortgage (which was received on October 16, 2013; (c) the obligor I, the mortgagee B, the maximum debt amount of KRW 50 million, and the maximum debt amount of KRW 50,000,000,000,000,000,000,000,000,000,000) was established on real estate under the Defendant’s name (the first week G apartment H). Accordingly, upon cancelling the foregoing collateral, the Defendant would be able to receive the loan

The phrase “the meaning was false.”

However, the defendant loans even if the victim has obtained a loan by cancelling the registration of establishment of a neighboring real estate as security.

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