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(영문) 의정부지방법원 2016.08.24 2015고단4099
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[2015 Highest 4099] The Defendant calls to the victim D who became aware of at least the end of November 2014 at a place where it is not known at C club, and lends only KRW 5 million to the victim D with a preference to the needed amount of KRW 30 million, and if so, only KRW 10 million may be extended to the victim with a harsh sum of money. The Defendant will pay a full payment for only one week.

In this regard, golf trading was made and said that “(b) will drink and drink” was false.

However, the defendant, however, did not have any intent or ability to complete payment even if he/she borrowed money from others, because he/she was under circumstances that the obligation to pay to the trader due to poor operation of the freezing fisheries reaches KRW 700 million.

Nevertheless, the defendant deceivings the victim as above and took over KRW 10 million from the victim to the national bank account in the name of the defendant under the pretext of borrowing money.

[2016 Highest 2315] On January 10, 2014, the Defendant, at the Defendant’s office located in Jung-gu Incheon, Jung-gu, Incheon, stated that “The Defendant would obtain a loan of KRW 10 million each from the victim F, i.e., smuggling, liquid Capital, and future Cret Loans, etc., and would prepare a certificate of guarantee as a joint guarantor for the loan, and make it possible to avoid damage by making full repayment until May 2014.”

However, in fact, the defendant had no intention or ability to repay the loan for the period of promise, even if he/she has jointly and severally guaranteed the above loan, since the defendant's obligation to pay to the business entity at the time is more than 300 million won, and the obligation to lend to the bank is more than 400 million won, and it is difficult for the victim to cope with the interest to be paid every month even

Nevertheless, the defendant deceiving the victim as above and had the victim bear the joint and several liability of KRW 30,000,000,000 from the victim, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

[2015 Highest 4099]

1. Defendant ..

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