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(영문) 서울서부지방법원 2016.11.03 2016고단1851
사기
Text

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

The Defendant, from around March 2012 to March 2015, is a person who has run a unregistered credit business for the Seoul, Incheon, and Suwon in the Defendant’s residence located in Seodaemun-gu C.

Since June 2014, the Defendant accumulated the debt borrowed for credit business from around June 2014, and as a result, the amount equivalent to KRW 15 million per month interest was disbursed, making it difficult to use the money for the purpose of using the money to appropriate interest and to use the money for the credit business fund.

1. On June 10, 2014, the Defendant concluded that “Around June 10, 2014, the Defendant lent KRW 200,000 to the victim E’s residence located in Suwon-si, Suwon-si, with the monthly interest of KRW 3 million, and if the principal wishes at any time, he/she will make reimbursement.”

However, the defendant did not have any intention or ability to pay monthly interest and principal, even if he borrowed money from the victim because the accumulated debt at the time is substantial and it is difficult for the defendant to meet the existing interest with the profits of credit business.

Nevertheless, the Defendant, by deceiving the victim as above, received 3 million won from the victim’s account under the name of the Defendant on the 12th of the same month.

2. On September 1, 2014, the Defendant called the victim E, such as the record in the preceding paragraph, at a non-permanent place, and concluded that “If the Defendant lends more than KRW 7 million to the victim, 50,000,000,000 to the victim, the Defendant first borrowed interest of KRW 3 million per month, including interest of KRW 2,00,000,000,000, monthly, and that the principal would be repaid at any time

However, the defendant did not have any intention or ability to pay monthly interest and principal, even if he borrowed money from the victim because the accumulated debt at the time is substantial and it is difficult for the defendant to meet the existing interest with the profits of credit business.

Nevertheless, the defendant deceivings the victim as above, and is the same month from the victim.

6. The Defendant was remitted KRW 7 million to the account in the name of the Defendant.

3. The Defendant is Seodaemun-gu Seoul around December 28, 2014.

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