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(영문) 광주지방법원 2017.05.12 2016고단5648
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was the vice president of the E branch in Dong-gu, Dong-gu, Gwangju, and the victim F was the person who worked for the above branch as the business employee.

1. On August 201, 201, the Defendant did not borrow money to the other party in the 465 Gwangju High Court, as Seo-gu, Seo-gu, Gwangju High Court.

One year of money is to return money, so it is possible to lend money, and it is false to make a false statement.

However, the facts did not have the intention or ability to pay the money even if they borrow the money from the injured party.

Nevertheless, the Defendant received from the injured party the sum of KRW 3 million on August 30, 201, and KRW 14 million on September 6, 2011 from the Defendant’s bank account under the name of the Defendant, and received KRW 10 million around that time.

2. On August 30, 2012, the Defendant: (a) lent money to the victim in the vehicle operated by the Defendant located in a non-resident located in Gwangju (hereinafter referred to as “Seoul”); and (b) paid KRW 20 million to the victim, including KRW 14 million borrowed at the last time.

“The phrase was false.”

However, the facts did not have the intention or ability to pay the money even if they borrow the money from the injured party.

Nevertheless, on August 30, 2012, the Defendant prepared a certificate of the fairness of monetary consumption lending and lending contract with the content that “the Defendant shall repay KRW 20 million to the injured party by August 30, 2013 at the law firm H office located in Dong-gu, Gwangju, Gwangju, by the time limit for payment,” and received KRW 6 million from the injured party.

3. 피고인은 2015. 1. 27. 광주 서구 화정동 소재 상호 불 상의 짱 둥 어탕 집에서, 피해자에게 " 회사에서 안마의 자를 구입해야 하는데, 돈이 필요하다.

A loan of KRW 5 million shall be paid by receiving a monthly wage of one month, which shall be paid in full.

“The phrase was false.”

However, the facts did not have the intention or ability to repay money even if they borrowed money from the injured party.

Nevertheless, the defendant was delivered KRW 5 million on January 27, 2015 from the injured party.

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