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(영문) 서울북부지방법원 2015.05.26 2015고단550
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

In around August 2009, when the Defendant was he accumulated with the victim B, a customer who was aware of in the course of working as an insurance solicitor, and he was in a long-term relationship with the victim from August 2009, and had another way to prepare money for repayment of debts and payment of interest, and had the victim obtain a loan as security, which is his own land, and then acquired the loan.

On September 5, 2009, the Defendant borrowed money from the victim's house located in Gyeonggi-gun C by taking as collateral a loan to the victim's land located in Gyeonggi-si D and E, which he owns, at least 5 million won per month, so the monthly income would be at least 5 million won, and the Defendant would repay the loan in full by the first year after the repayment every month, and the interest to be paid to the lender was also paid by the lender.

However, at the time of fact, the Defendant had no particular property, and the monthly income earned while working as an insurance solicitor was insufficient to pay interest on several obligations every month, and the F had a debt of KRW 140 million to F, and G had a debt of KRW 6.5 million to whom the debt was owed to G, and the credit card company had a debt of KRW 5 million in the name of East H, and the credit card company had a debt of KRW 96 million in the name of East, and did not have an ability or intent to pay interest even if it borrowed money from the victim because it had already been in excess of its obligations, such as the health insurance premium was not paid.

Nevertheless, the Defendant, by deceiving the victim as such, received the amount of KRW 30 million on September 9, 2009, KRW 500,000 on September 16, 2009, and KRW 600,000 on September 24, 2009, respectively, from the national bank account opened in the name of H, the Defendant’s living together. On May 26, 2010, the Defendant received the deposit of KRW 14 million on the pretext of additional loans in the said H’s name. On September 29, 201, the Defendant borrowed additional KRW 10,000 on September 29, 201, and borrowed KRW 6 million on September 6, 2000.

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