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(영문) 수원지방법원 안양지원 2019.05.14 2018고단1667
사기등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

[criminal power] On May 14, 2018, the Defendant was sentenced to a suspension of execution of four months of imprisonment for fraud at the Suwon District Court, which became final and conclusive on May 22, 2018.

【Criminal Facts】

1. The criminal defendant was living with the victim B.

Even if the Defendant received from the victim investment money and borrowed money, most of them were thought to be used as debt repayment, personal consumption, Defendant’s operating expenses of the Defendant’s company, etc., and was engaged in “work loan” in the term “work loan” by forging a certificate of employment, etc. and acquiring such fees, etc., and did not have any particular property or income. Therefore, the Defendant did not have any intent or ability to repay the above money to the victim.

Around October 2015, the Defendant, at around October 2015, acquired the amount of KRW 45 million, including KRW 28 million from the victim on February 2, 2015, and KRW 70 million from the same month to the victim on the part of the restaurant for the operation of the victim in Mapo-si, Mapo-si, Mapo-si, and Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

B. On October 2015, the Defendant established D in the name of the victim around October 2015, while the Defendant was unable to operate his/her business under his/her name as a bad credit holder, and around October 20, 2015.

Around November of the same year, the Defendant, at the above restaurant, borrowed the amount of KRW 45 million from the victim as a fund for the acquisition of a construction license, on the following grounds: “If the Defendant borrowed the amount of KRW 45 million necessary to obtain a construction license, he/she may repay the amount at a prompt time after obtaining a license, and thereafter, he/she obtained the said amount of KRW 25 million from the victim on November 11 of the same year, and obtained the said amount of KRW 25 million from the victim on November 1 of the same year and KRW 20 million from November 12 of the same year.

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