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(영문) 전주지방법원 2017.06.07 2016고단2012
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2016, the Defendant told the victim D by telephone from the Defendant’s office located in the Haak-gu Seoul Special Self-Governing Party B, the Defendant stated that “If the Defendant lends money in need of six million won at the director’s expense, he/she will repay the money for one year each month for a certain amount.”

However, while the personal debt at the time is 70 million won or more, there was no property in the name of the defendant, and even if the income received by singing is not specified, there was no intention or ability to repay the debt properly even if it was borrowed money from the injured party because the income received by singing is not specified.

On March 4, 2016, the defendant deceivings the victim as above and acquired 6 million won from the victim to the Agricultural Cooperative Account in the name of the defendant on March 4, 2016.

2. On March 11, 2016, the Defendant stated that “Around March 11, 2016, the Defendant shall post a telephone to the victim and shall pay the money borrowed from an existing lending business entity, and if the Defendant borrowed money with a loan from a financial institution, he/she shall pay the principal and interest every month so as not to cause damage by repaying the principal and interest.”

However, while the personal debt at the time is 70 million won or more, there was no property in the name of the defendant, and even if the victim borrowed money with a loan from a financial institution because the income received in the form of singing is not specified, there was no intention or ability to repay the money properly.

On March 11, 2016, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 20 million from the JT-friendly Savings Bank; (c) KRW 18 million from the HK Savings Bank; (d) KRW 10 million from the BNK Savings Bank on March 14, 2016; and (e) obtained a total of KRW 58 million from the Busan Loan Co., Ltd. on March 11, 2016; and (c) acquired the said money from the Agricultural Cooperative under the name of the Defendant, including the said money, in total, KRW 10 million on March 11, 2016; (d) KRW 10 million on March 12, 2016; (e) KRW 10 million on March 13, 2016; (e) KRW 14 million on March 14, 2016; and (e) KRW 10 million on March 15, 2016;

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The witness D.

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