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(영문) 수원지방법원 2016.03.31 2016고단456
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is a restaurant employee, did not use the Defendant’s vehicle parts business funds of the Defendant’s husband C even if he borrowed money from others, or did not use the Defendant’s direct head office to replace the recreation room machines. The Defendant did not directly operate the head office. While there was no other income other than the monthly income of KRW 1.5 million, the Defendant attempted to use the borrowed money for the purpose of preventing the so-called “the so-called “the return,” where the Defendant used the borrowed money in repayment due to accumulated other debts such as the number of days of the monthly income or credit card loans, credit card loans, etc. to pay the borrowed money. If the victims knew of this fact, the Defendant was well aware that he would not lend the borrowed money, and there was no lack of intent or ability to pay the principal and interest of the borrowed money.

Nevertheless, the Defendant is willing to borrow money from the victims who had regularly met at the parents' gathering of children.

1. On January 6, 2006, at the defendant's house located in Suwon-gu, Suwon-gu, Suwon-si, the defendant's office located in Suwon-gu, Seoul-gu, the victim D lend money to the victim D to replace the recreation equipment and the principal and interest of the victim D.

“Falsely speaking, it received 10,000,000 won from the injured party’s corporate bank account from the Defendant at his seat, namely, from the Defendant’s corporate bank account as a gold, and, from that City to October 11, 2013, the Defendant acquired 150,400,000 won in total by the same method over 30 times, as shown in attached Table 1, from that City to that of October 1, 2013;

2. On November 29, 2010, at the above defendant's house against the victim F, the victim F is required to pay the interest and the principal to the victim F as the husband borrowed KRW 30,000,000 as it is necessary for the husband to start the same living and motor vehicle parts business.

“Falsely speaking,” and its affiliation shall be from the person who suffered damage.

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