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(영문) 의정부지방법원 2019.09.26 2019고단226
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 5, 2013, the Defendant made a false statement to the victim B, “The President President who works in a factory in C requires money, and would pay interest on the second part of each month if he/she lends money.”

However, in fact, since the president of the factory in C did not borrow money to the victim through the defendant, even if he received money from the victim, he voluntarily planned to use it as living expenses, etc., and there was no intention or ability to repay in full the money and interest received from the victim due to the lack of property owned by the defendant.

The defendant was issued KRW 10 million to a bank account (Account Number E) in the name of the defendant in the name of the victim for a loan from the victim on the same day.

In addition, the Defendant received a total of KRW 150 million from around that time to February 27, 2017, respectively, in the same manner as indicated in the annexed Table 1 list of crimes.

As a result, the defendant was given property by deceiving the victim.

[2019 Highest 2722] The Defendant: (a) on July 2014, 2014, the Defendant: (b) on the part of the victim F, who believed that the Defendant had a considerable asset to the Defendant, paid the interest on the second installment of each month; and (c) on the part of the principal, he/she borrowed the money to the effect that he/she would be able to make a payment before the second to the second to the first to the first to the first to the first to the first to the first to the first to the police; and (d) on the condition that he/she would continue to borrow the money on the condition that he/she would pay the same interest and principal.

However, in fact, the defendant's monthly average income from the operation of the health source of the defendant, approximately KRW 3 million, and KRW 1.3 million per month of the spouse's living expenses subsidy does not have any particular property or financing ability as well as the household's living expenses. In addition to the financial institution's liabilities, the financial institution begins to borrow B's money from December 5, 2013.

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