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(영문) 수원지방법원 2019.06.26 2019고단115
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around March 2007, the Defendant provided the Victim B (the age of 74 years at that time) with the teaching system and provided a credit business with a term “number of days” in which the Defendant borrowed money from the victim from October 201 to another person and received interest.

While there is a large amount of money in which the defendant is unable to receive the borrowed money from the person who borrowed the borrowed money, there is a large amount of money in which the defendant is unable to repay the borrowed money to the victim, so the defendant's friendship with sufficient means to repay the borrowed money is used by the defendant, and the defendant's friendship with sufficient means to repay the borrowed money is the same as the defendant's repayment would be made definitely,

1. The defrauded stated that the Defendant operates a large amount of fraternity and the Defendant’s friendship C with a large amount of money lent money to the victim, thereby receiving a remittance from the victim as the borrowed money amounting to KRW 75 million, totaling KRW 25 million on October 31, 2012 and KRW 5 million on December 10, 2012.

However, the above money was not said to be lent or used by C, and the defendant thought to be used. At the time, the defendant had no intention or ability to repay the above borrowed money because there was a large amount of existing debt which was not repaid to the victim.

After all, the Defendant, as above, by deceiving the victim and deceiving 75 million won.

2. On December 10, 2012, the Defendant: (a) borrowed KRW 50 million from the victim under the name of C with the name of C borrowed money; (b) 20 days after the lapse of 20 days from the victim on December 10, 2012; and (c) forged and issued a certificate of borrowed money in the name of C to request the victim to deliver the certificate of borrowed money in the name of C.

Therefore, on December 31, 2012, the Defendant requested from the Defendant to pay money by the day to the name and aesthetic money in which the Defendant borrowed money from the day, and “the borrowed money” is called “the borrowed money” under the title “the borrowed money C, resident registration number D, borrowed money borrowed, 00 million won, 31 December 2012, and c. the borrower.

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