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(영문) 의정부지방법원 고양지원 2014.06.13 2013고단1938
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who operates a facility with a disability called “F” in Pakistan.

1. On October 18, 2010, the Defendant made a false statement to the victim G, stating, “The Defendant would pay 300,000 won interest per month on the loan of KRW 30,000,000 to repair the facilities for the disabled at H in Gyeonggi-si, and repay the principal until January 20, 201.”

However, at the time, the Defendant was in a situation where it was not easy to repay the loan interest, etc. due to personal creditors, such as cooking Agricultural Cooperatives, etc., with a debt worth of KRW 860 million or more, which is 300 million or more at financial institutions, and thus, it was difficult for the Defendant to borrow money from the victim, and there was no intention or ability to pay the above money to the victim within the due date.

Nevertheless, the Defendant, by deceiving the victim as above, received 15 million won from the victim under the same day as the loan money, and received 15 million won under the same name on October 19, 201, and 30 million won in total from the victim.

2. On December 16, 2010, the Defendant borrowed 20 million won for the repair cost of the facility from the victim G to the victim G, as described in paragraph 1, and made a false statement that he/she would pay 1% interest per week on the face of the loan.

However, since the defendant was in the same situation as the statement in Paragraph 1, there was no intention or ability to repay the money even if he borrowed the money from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 20 million won by receiving 20 million won as a loan from the victim on the same day.

3. On March 3, 2011, the Defendant: “The Defendant shall pay the victim G an interest of KRW 50,000,000,000 to the land development cost in K at the Gyeonggi-si, and shall sell the said land and repay the principal until March 3, 2012.”

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