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(영문) 광주지방법원 2017.09.13 2016고단5750
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 15, 2015, the Defendant for fraud against the victim C and D operates a system for paying KRW 500,000 per month for the period from November 7, 2014 to July 7, 2016 by the victim C and D.

Since F of the victims' mothers paid the time limit for the four accounts, it will be paid 10 million won each month in 4 times in 200,000 won according to the sequence.

The phrase “ makes a false statement.”

However, in fact, since 6 old accounts in the above 20 old accounts were operated as the defendant's share, the defendant was required to pay the extended amount of KRW 3 million per month, but the defendant was unable to pay the extended amount due to the failure to operate a restaurant operated at the time and to receive loans from various financial institutions, and in excess of his/her obligations, such as the use of loans from several financial institutions, etc., the defendant was unable to pay the extended amount to be borne by the defendant. As such, the extended amount received from other members of the above other community due to the excess of his/her obligations was used for the defendant's living expenses and repayment of obligations, etc., so there was no intention or ability to pay the extended amount.

Nevertheless, as seen earlier, the Defendant was accused of the victims and transferred KRW 22,060,000 in total over 12 times from April 15, 2015 to April 7, 2016, as in the list of crimes in the attached Table (1) to the victims.

2. On November 7, 2014, the Defendant against the victim G operates a system for each unit of payment of KRW 500,000 per month during the period from November 7, 2014 to July 7, 2016.

When the time limit money is paid every month, it will be paid in 10,000 won per unit by the sequence.

The phrase “ makes a false statement.”

However, due to the above excess of the obligation, the Defendant did not have the intent or ability to pay the money properly even if he received the money from the injured party.

Nevertheless, the defendant is the above.

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