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(영문) 의정부지방법원 2018.01.25 2017고단5280
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around June 9, 2015, the Defendant committed an act of receiving and selling wak’s goods from a wak seller of wak’s trade name, “C” located in Gangnam-gu Seoul Metropolitan Government, around June 2015.

On June 2015, the Defendant, at the office of the above “C” (hereinafter “C”), borrowed money from the victim D, who is an employee in charge of the C’s accounting, to receive money from the C as the price for goods.

The joint and several sureties shall not cause damage to the repayment of the loan within one month of the week.

“A false statement was made to the effect that it was “.”

However, at that time, the Defendant had no particular property, and the loan to the lending company was in excess of KRW 10 million, and even if the victim received the loan with joint and several sureties sales performance, there was no intention or ability to repay the loan within one month.

On June 9, 2015, the Defendant had the victim jointly and severally and severally pay KRW 800,000,000,000,000,000 to the Defendant’s loan to the Defendant, the Defendant’s loan to the Defendant, the loan to the Defendant, the loan to the Defendant, the loan to the Defendant, the loan to the Defendant, the loan to the Defendant, the loan to the Defendant, the loan to the Defendant, the loan to the Defendant, the loan to the Defendant, the loan to the Defendant, and the loan to the U.S., the U.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 40 million.

2. Around August 2015, the Defendant was unable to repay the loans under paragraph (1) due to the Defendant’s failure to repay the loans, and, on August 25, 2015, received a claim by telephone from the victim D around August 25, 2015, “existing lending companies’ obligations are too high. Therefore, if the Defendant received a loan from a savings bank with low interest rate, he/she would repay the existing lending companies’ obligations to the existing lending companies.

“Falsely false.”

However, even if the defendant has received a loan from the injured party, he thought that he will use it for his personal purpose, such as giving his own female-friendly relationship and mother, and he did not have the intention or ability to repay the obligation of the loan under Paragraph 1.

On August 27, 2015, the Defendant had the victim do so.

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