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(영문) 의정부지방법원 고양지원 2019.10.10 2019고단1675
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2019 Highest 1675] When the Defendant was unable to repay the debt KRW 40 million to B, the debt KRW 5 million to C, and the debt KRW 3 million to D under the circumstances where there is no income equivalent to KRW 20 million per annum, the Defendant did not have any intent or ability to repay the loan borrowed from the victims on the ground that he was able to lend money to the victims or to use it for their daily living expenses.

1. On October 2013, the Defendant made a false statement to the victim E that “I would pay interest on three occasions each month if I would lend money to the beneficiary,” at the victim’s residence in Gyeyang-gu F, Soyang-gu, Young-gu.

However, in fact, the defendant did not have a certain income and did not have an intention or ability to repay the borrowed money only when he thought that he would return it or use it for living expenses.

Around November 8, 2013, the Defendant received from the victim a total of KRW 7 million in check, KRW 3 million in cash, and KRW 10 million in loan, as well as delivery from that to August 28, 2018, of KRW 27 million in total, as shown in the list of crimes in attached Form 15, as shown in the list of crimes.

2. Around December 5, 2016, the criminal defendant against the victim G made a false statement that “If the victim lends KRW 10 million to the victim, he/she would pay the victim interest at the victim’s residence located in Soyang-gu, Soyang-gu H”.

However, the Defendant did not have the intent or ability to repay the borrowed money as above.

The Defendant, from the victim, KRW 10 million on the same day, KRW 5 million on the 6th day of the same month, KRW 30 million on January 3, 2017, KRW 50 million on the 31st day of the same month, and the same year.

3.20,000,000 won around 20.0,000 won for the same year.

5. 30 million won on November 1, 200, around 18th of the same month, around 10 million won on the same year, and the same year.

6.30,000,000 won around 30.30,000,000

7.5.Written, around 10 million won, for the same year.

8.2.Woman 10 million won, for the same year.

9.4.Around 19 million won, and on October 10 of the same year, the total of KRW 10 million around 200 million.

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