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(영문) 광주지방법원 목포지원 2015.06.26 2015고단289
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 6, 2013, the Defendant made a false statement to the victim C that “The amount of construction materials to be used on the construction site shall be loaned to the victim C. It shall be paid within two months without any mold.”

However, the defendant had no intention or ability to pay money properly even if he/she borrowed money from the victim because he/she bears an individual debt worth KRW 30 million without any particular property or income at the time.

As above, the Defendant deceivings the victim and received 3 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant as the borrowed money on the same day.

2. On October 8, 2013, the Defendant called the victim at an infinite place and called “a person who operates a lending company that lends money with a vehicle offered as security on the boat of Gangwon-do, with a good BMW as security. If the Defendant lends money to B, he/she would complete payment including three million won of the borrowed money at the end of three months after the loan to B.”

However, even if the defendant borrows money from the victim, he did not use it to lend money to the person who provides the vehicle as security, and was thought to use it for the purpose of personal debt repayment, etc., and there was no intention or ability to pay the money properly on the date of promise of the victim because of economic situation such as

As above, the Defendant deceivings the victim and received KRW 16 million from the victim to the Agricultural Cooperative Account under the name of the Defendant for the same day.

3. The Defendant, around October 15, 2013, operates a lending company that lends money to the said victim as security with the same kind of ship provided at the stopping line of Gangwon-do.

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