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(영문) 수원지방법원 안산지원 2017.09.14 2017고단1000
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Fraud against victim D;

A. On August 1, 2012, the Defendant calls to the victim D, a former workplace partner, and “The Defendant is in charge of the business of lending the government funds to the business owners, and the Defendant may pay a high profit in making an investment.

When lending investment money, the principal and interest of each month shall be repaid in 37 times in 1.2 million won.

“A false representation was made.”

However, the defendant did not take charge of the business of lending the government funds to the business owner, and because he had already borrowed the money amounting to KRW 150 million in total from a large number of creditors by way of repaying the principal and interest every month, even if he borrowed money from a damaged person, he did not think that it would be used to prevent the return of existing debts, and there was no intention or ability to pay the borrowed money by investing it.

Around August 3, 2012, the Defendant deceivings the victim as above and was transferred KRW 20 million to the national bank account (Account Number: E) with the name of the Defendant’s bank account in the name of the Defendant around August 3, 2012.

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

B. On November 12, 2013, the Defendant phoneed to the victim on November 12, 2013, and repaid the principal and interest of KRW 30 million each month on a monthly basis, with the loan of KRW 30 million.

“A false representation was made.”

However, the defendant was liable to pay excessive monetary obligations as above, and even if he borrowed money from the injured party, he was thought to use it to prevent the return of existing debts, and he did not have the intent or ability to pay the borrowed money and pay the borrowed money.

The defendant deceivings the victim as above and was transferred KRW 27 million as the borrowed money after deducting the interest and fee from the national bank account on the same day from the victim.

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

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