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(영문) 광주지방법원 2018.11.01 2018고단2080
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who operates a camera in the name of "C" in the Dong-gu, Gwangju.

1. The Defendant borrowed KRW 35 million on Nov. 1, 2014 to the Victim F on the first floor E in Gwangju Dong-gu, Gwangju, for a 200 million loan.

It is necessary to set up a manufacturing business place which is an excess of the water control on the Posting machine building, and deposit is required.

In order to borrow 35 million won as a deposit, the loan shall be paid with the money received and the interest shall be paid at interest rate of 700,000 won per month.

“.....”

However, even if the Defendant borrowed money from the damaged party, the Defendant did not have any intent or ability to use the money as a building deposit or to repay the money to the injured party.

Nevertheless, on November 17, 2014, the Defendant: (a) by deceiving the victim; (b) transferred KRW 5 million from the G account in the name of the victim to the I bank account in the name of the Defendant; and (c) transferred KRW 10 million from the said G account in the name of the victim to the K bank account in the name of the Defendant’s female student J on December 10, 2014; and (d) transferred KRW 10 million from the M bank account in the name of the victim to the K bank account in the name of the said J around December 10, 2014 to the K bank account in the name of the victim; and (e) transferred KRW 10 million from the M Bank account in the name of the victim to the K bank account in the name of the said J on December 15, 2014.

From the M bank account in the name of the victim to the K bank account in the name of J, the sum of KRW 35 million was transferred to the K bank account in the name of the victim, and the money was acquired by defraudation.

2. The Defendant who borrowed KRW 20 million by telephone to the victim in the middle of August 2015 and the approval of the loan is not granted for any other loan that is incurred while he/she applied for a loan to the police officer.

If a loan is made in excess of KRW 20 million, all debts will be repaid after obtaining approval for the repayment of other loans.

“.....”

However, the defendant added 20 million won to the injured party.

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