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(영문) 광주지방법원 2014.11.06 2013고단403 (2)
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. In the course of operating a mobile phone agency, the Defendant and D’s joint criminal conduct (defation of money) requested on May 2010 that “I would like to lend money to I and would like to obtain interest income from I, and would like to repay I, if I would like to obtain interest income, I would like to borrow money from I, and D would have accepted this.”

Around May 7, 2010, the Defendant, along with D, stated that “Gcar Center” operated by the victim in Seo-gu in Gwangju, Seo-gu, Gwangju, the Defendant: “A would lend money to the victim and receive interest; and would pay the principal at 7-8% interest per month if cash is lent; and D would have to pay the principal after one year.” D would have “A would have borrowed money from old to old bonds as bonds; B would have borrowed money to A; B would have borrowed money to B; B would have been a mobile phone agent; B, the deposit is KRW 80,000,000,000,000 won; and there is no doubt as to whether it would be a security deposit, etc. when notarial deed.”

However, in fact, the Defendant did not engage in the bond business, and there was little operating profit of the mobile phone agency, and in relation to the mobile phone agency business at the time, it was required to pay KRW 7 million to KRW 20 million per month, and D did not gain interest on the money from the Defendant, but did not borrow the money from the Defendant and did not receive the payment of KRW 160 million, so the Defendant did not have any intention or ability to pay the money even if he borrowed the money from the victim.

Nevertheless, the Defendant, in collusion with D, deceivings the victim as above, and deceivings it from the victim on May 7, 2010, 7-8% interest rate of KRW 40 million and the borrowing period.

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