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(영문) 춘천지방법원 강릉지원 2015.06.04 2015고단302
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From around 2009, the Defendant got to use money from the victim D, C's son E, and her mother who is the mother of C to lend money for operating expenses of the lending company.

On February 8, 2011, the Defendant called the “H” in the Non-registered Credit Service Office of the Defendant’s operation of the Defendant in Gangseo-si, Gangnam-si, the Defendant made a false statement to the victim D and made payment one year after lending money to the victim D as much as it is difficult to operate the lending company in Gangwon-do because there is no investment amount in the operation of the lending company in Gangwon-do. The lending company within Korea should be aware that it is an enterprise with security without any awareness that it is an enterprise with security. On February 9, 2011, the Defendant made a notarial deed of a promissory note of KRW 50 million to the victim at the office of a law firm member located in Ansan-dong, Ansan-gu, Seoul-si.

However, in fact, the Defendant did not have any particular property, and since 2000, the lending company operated by the Defendant was a unregistered company that was not registered with the competent authority, and the lending company operated by the Defendant was not only a registered company but also a loan under the name of the gambling fund at a gambling place called a well-known loan, and its operation is difficult due to the fact that it is difficult to collect the loan from the victim as above, and thus, it did not have the intent or ability to repay the loan even if it was borrowed from the victim.

On February 9, 201, the Defendant, by deceiving the victims as above, received KRW 153,00,000 from the victims on five occasions as stated in the attached crime list, by deceiving the victims on five occasions, as well as receiving KRW 50,000,00 from the office of the above law firm member of the law firm branch.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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