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(영문) 의정부지방법원 2015.08.11 2015고단1535
사기
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall pay 6,500,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

1. The Defendant committed the crime against the victim D around February 10, 2008, in the vicinity of the area of the YYYYYYYYYYYYYYYYYYYYYYYYYY, the Defendant: “The Defendant operates a company with more than 20 employees employed by more than 20 in the Republic of Korea, and the Defendant was unable to pay wages to the victim D because he did not turn back the funds.” If the company’s circumstances were to fall back, the Defendant borrowed money, and received KRW 2.4 million from the victim around that time.

However, in 200, the Defendant was obligated to pay KRW 200,000 after the Defendant was declared bankrupt, and the Defendant did not have engaged in any occupation for which fixed income could be obtained after the Defendant was found to have been in a business and had no intention or ability to pay the amount even if the Defendant borrowed money from the victim.

As a result, the Defendant received 2.4 million won from the victim on February 2, 2008, including 2.4 million won from the victim, and acquired 286.4 million won through 201 times from the date and time to September 17, 2013 from the victim as shown in the attached crime list (1).

2. On June 1, 2009, the Defendant committed the crime against the victim E, at the Seocheon-dong Cemetery Management Office located in the Yangju-si, Yangju-si, Yangju-si, “A person who is engaged in business of lending money to another person and receiving a higher interest than the city and who is to pay a higher interest than the bank.” At that time, the Defendant received KRW 10 million from the victim.

However, in fact, the Defendant did not have any particular occupation since 2000 as mentioned in the preceding paragraph, and did not hold any funds that may be lent to others as above, so even if he received money from the victim, he did not have any intention or ability to pay interest or return the principal properly.

In this respect, the Defendant made such a false statement.

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