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(영문) 광주지방법원 순천지원 2017.09.22 2016고단1202
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On April 21, 2016, the Defendant was sentenced to 4 months of imprisonment for a violation of the Electronic Financial Transactions Act, and one year of suspended execution on April 29, 2016, and the said judgment became final and conclusive on April 29, 2016.

[Criminal facts]

1. On January 4, 2016, the Defendant against the Victim B: (a) lent money to the Victim B in front of the D department store located in D/C at L/C at L/C around January 4, 2016; (b) the Defendant borrowed money from the victim B; (c) he/she has to pay the credit card fee to the victim B after this mold.

“.....”

However, in fact, the defendant thought that he will receive money from the injured party to use it for living expenses, and even if he receives money from the injured party, he did not have the intention or ability to pay it later.

The Defendant received 1.2 million won in cash from the injured party on the same day as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 11, 2016, the Defendant against the victim E calls from the private person E in charge of insurance design to take out insurance contracts with the victim E (hereinafter referred to as “the victim E”). The Defendant borrowed only one million won as much as he/she is required to pay the credit card payment to the victim E (hereinafter referred to as “the victim”). The Defendant would have repaid the credit card payment to the victim by January 18, 2016, including the interest rate of 10% from the lending of money. The Defendant would have to buy insurance with two married children.

“.” On January 14, 2016, at the end, the victim calls again, and “one million won is deducted from the approval of the credit card price.” The loan of money was made until January 18, 2016, including the interest rate of 10%, and that the payment is to be made and the insurance is to be made.”

However, in fact, the defendant was thought to use the cost of living with money from the injured party, and even if he received money from the injured party, he did not have the intention or ability to pay by the day of change.

On January 12, 2016, the Defendant received KRW 900,000 from the injured party as the borrowed money, and KRW 1 million as the borrowed money on January 14, 201, respectively, from the Nonghyup Bank account in the name of his/her husband and wife.

In this respect.

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