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(영문) 서울북부지방법원 2015.12.09 2015고단3060
사기
Text

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

Reasons

Punishment of the crime

"2015 Highest 3060" means a sum of KRW 150 million in principal and KRW 3 million in monthly interest, and a sum of KRW 1.6 million in monthly payment to be made by the Defendant for the purpose of maintaining the accounts shall be KRW 1.6 million in total per month, and KRW 1.65 million in total. Even if the Defendant received the advance payment from the victims, it is scheduled to pay the said advance payment as well as the rent for the loss of the Defendant’s operation, wages of employees, etc., and thus, even though the Defendant was not capable of operating the regular accounts and paying the advance payment, the Defendant did not have an intent to pay the advance payment by operating the regular accounts. However, on January 15, 2013, the Defendant subscribed to KRW 400,000 in monthly interest to the victim from the loss of the above A in Jung-gu Seoul Metropolitan City, Seoul, and KRW 80,000 in total amount under the name of KRW 408,000 in total amount and KRW 840.84.

"2015 Highest 3608"

1. Borrowing money under a name;

A. Around October 20, 2010, the Defendant against D falsely stated that “A’s loss” of his/her operation in Jung-gu Seoul, Seoul, would be 400,000 won per month with a monthly interest of KRW 400,000,000 and the principal would be repaid after one year.

However, in fact, the defendant, at around 2005, lent the bonds to 100 million won or more on the wind, and therefore, he thought that he would be able to repay the debt to others with the borrowed money from the victim. At that time, the monthly income is about three million won on average, and there is almost no money remaining if he pays the living expenses, the interest, the loss rental fee, and the employee's wage.

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