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(영문) 대구지방법원 의성지원 2017.04.27 2016고단150
사기
Text

A defendant shall be punished by imprisonment for one year.

All applications for compensation order shall be dismissed by applicants.

In this case.

Reasons

Punishment of the crime

[2016 Highest 150] The Defendant borrowed the amount of KRW 1 billion from the beneficiary in the 1990s and failed to receive the repayment, and began to borrow money on the condition of giving high interest to the beneficiary in a state where there is no particular income. When the repayment of principal and interest was urgent, the Defendant was willing to repeat the so-called “refiscing the repayment of the former obligation” by lending money under the condition of giving high interest from the other parties.

The defendant did not have any intent or ability to pay the principal and interest even if he borrowed the money due to the aggravation of his debt in the course of returning the money as above.

On April 28, 2010, the Defendant would pay the victim C with interest within one year if he/she lent the money to the victim C due to the shortage of money due to the lack of money.

‘Falsely speaking and deceiving the victim, who received KRW 20 million in cash from the victim, i.e., from the victim, and received KRW 642,460,000 in total from the victim to November 30, 2015, as stated in [Attachment List Nos. 2 to 52], was issued from the victim to the victim.

Accordingly, the defendant was informed of the victims to receive property.

[2016 Highest 281] On October 19, 2015, the Defendant, at the Defendant’s house located in the Sung-gun F of Seongbuk-gun, lent KRW 20,000 to the Victim H “on the face of lending KRW 20,000,000,000,000,000 won, and paid by January 16, 2016, which is the date of payment of the bill.

“The purpose of “ was to make a false representation.”

However, in fact, it was difficult for the Defendant to first repay the victim's debt to I who introduced the victim to the Defendant, and the bill issued as if the victim was the principal to the victim was a copy of the original and the bill made by the Defendant with the original attached as if he were the principal. In the 1990s, the original bill was likely to be distributed through other clients, and the Defendant was 1 billion won to the J in the 1990s.

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