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(영문) 창원지방법원 마산지원 2017.04.25 2016고단1360
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around March 3, 2014, the Defendant borrowed the borrowed money, saying, at the private office of the automobile maintenance industry operated by the Defendant in Changwon-si, Changwon-si, the Defendant loaned KRW 30 million to the victim D, who became aware of through the branch, to pay the borrowed money within one month as soon as possible.

However, at the time of the operation of the industrial company, the Defendant was in a total of KRW 1.38 billion, and was liable for personal loans, etc., which are close to KRW 200 million, while the management of the industrial company was in default on the interest of the loans due to the failure to meet these obligations, and the assets owned by the factory real estate were no longer subject to loans, and the possibility of the additional procurement of the bonds is rare. Therefore, even though the Defendant intended to obtain additional bonds due to the change of the term of office, the Defendant did not have any intent or ability to repay the loans even if he borrowed the funds from the injured party.

Ultimately, as above, the Defendant, by deceiving the victim as above, received 30 million won from the victim as the borrowed money on the same day from the victim, and received the total amount of KRW 92 million from around that time to May 26, 2015 as stated in the list of crimes in the attached Table from around May 2015.

2. On February 2015, the Defendant: (a) at the office of the foregoing vehicle maintenance industry office; (b) at the end of the end of the pertinent vehicle maintenance industry, the victim and the victim were transferred to the Defendant under the name of the Defendant, No. 202 of the E-Ba, Gyeongnam-gun, Gyeongnam-do, E-Ba (hereinafter “E-Ba”); (c) the Defendant succeeded to the loan secured by E-Ba, and (d) the Defendant borrowed approximately KRW 35 million from the E-Ba market price after deducting the amount of the security deposit from the amount of the security deposit.

However, the facts are the E-loan ownership from the victim.

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