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(영문) 청주지방법원 충주지원 2018.03.28 2016고단1022
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 29, 2015, the Defendant: (a) made a false statement by phone call to the victim B in an influence area in Gangwon-do; and (b) made a false statement to the effect that “The purchase cost of tickets is required to lend money.”

However, in fact, from April 2015, the Defendant began to obtain loans from the bank as it is difficult for the enemy of the kimchi factory to operate the factory due to serious fault. From August 2015, the Defendant did not have any intent or ability to repay the loans even if he/she borrowed money from the damaged party in excess of his/her obligation, such as lending money from many loan companies.

The Defendant received 2.7 million won from the injured party to the D account (E) in the name of C on the day, and by deceiving the injured party as described in the attached Table 1 Crime List, and received 2,5470,000 won in total over 26 times.

2. As described in the foregoing paragraph 1, Defendant 2: (a) was granted KRW 26,547,00 from May 29, 2015 to March 22, 2016 by the victim B from May 2015 to KRW 26,547,00 as the purchase cost for distribution; (b) was from April 2015 to receive loans from the bank as it was difficult for the Kimchi factory to operate its factory due to its blindness; and (c) was granted from around August 2015 to around 8, 2015 to borrow money from the victim in excess of its debt state, such as borrowing money from the lending company, even if the victim did not have any intent or ability to complete payment, as seen above, had already lent money to the Defendant and used it to lend additional money to the victim, the victim was able to borrow money as if it were to be repaid with the existing debt.

On November 17, 2016, the Defendant: “Around November 17, 2016, the Defendant did not intend or have an ability to pay money by selling and selling pre-paid land to the Defendant; “The Defendant borrowed money from the victim with expenses of document sale necessary for the purchase and sale of pre-paid land, expenses of certified judicial scrivener, transportation expenses, and other expenses that he/she borrowed from the pre-paid land”; “The Defendant borrowed money from the victim on the same day designated by the Defendant.”

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