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(영문) 광주지방법원 2014.08.27 2014고단1649
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was a former president of the D Music Hall business in Gwangju Mine-gu C.

1. The defendant did not have the intent or ability to repay even if he borrowed money from another person.

Nevertheless, on April 2, 2011, the Defendant was transferred KRW 10,000,000 to the Defendant’s national bank account, including the transfer of KRW 5 million to the Defendant’s national bank account on April 31, 201, and KRW 190,000 in cash, on three occasions, by stating that “the Defendant borrowed KRW 5,00,000,000,000,000,000,000 to the victim E (the age of 30,000,000) is false.”

2. On June 9, 2011, the Defendant stated that “The Defendant borrowed KRW 20,00,000 as money was insufficient to purchase 306 U.S. 213,00,00 won to the same victim at the same place as above.”

Accordingly, the Defendant, by deceiving the victim, immediately up to 17 million won the Defendant’s national bank account;

6.28.2210,00 won;

6. The transfer of KRW 20 million was received three times, including KRW 1.6 million.

3. On July 28, 2011, the Defendant made a false statement to the victim F (V) at the office of a loan company in the Seoul Northern-gu Seoul Northern-dong, stating that “A loan is made to the said loan company due to difficult circumstances, and if a joint and several liability is made to the said loan company, G is again set up as a joint and several surety and will not cause damage to the victim by receiving the loan without a mold.”

However, even if the victim is established as a joint and several surety, there was no intention or ability to repay the loan.

As above, the Defendant, by deceiving the victim as above, had the victim write a joint and several surety for five million won loan, and failed to repay it, thereby making the victim subrogated.

4. On August 3, 2011, the Defendant made a false statement to the victim H (Nam and 38 years of age) at the D Music Hall located in Gwangju Mine-gu, Gwangju, stating that “If the amount to be paid as alcoholic beverages falls short of the amount to be paid as alcoholic beverages, the Defendant would make a payment without molding two million won after the month.”

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