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(영문) 전주지방법원 군산지원 2017.06.16 2017고단86
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"2017 Highest 86"

1. On July 7, 2016, the Defendant made a false statement to the victim “E” private teaching institute operated by the victim C in Gunsan-si, Seoul-si, stating that “The principal shall be repaid upon the completion of the construction of a building by a branch of a branch of a building, and the principal shall be repaid to the police officer during August 2016, and the interest shall be paid to the 7th of each month.”

However, in fact, the defendant did not receive the above request from the person who established the building and used to pay interest on his own debt. At the time, the defendant did not have any intention or ability to repay the debt even if he borrowed money from the injured party, because the defendant's debt without any particular property is equivalent to KRW 20 million and monthly income was paid in KRW 15 million per month or interest per month.

Nevertheless, the Defendant received 40 million won from the time when the Defendant received the victim’s false statement to the post office account in his/her name on the same day until October 4, 2016, and received a total of 15.4 million won by the same method from the victim, such as the list of crimes (five pages) in attached Form 10,000 won, from October 4, 2016.

"2017 Highest 311"

2. On April 19, 2016, the victim F Defendant made a false statement to the victim F by phone call to the victim F at a place where his/her address is unknown, and the victim F would pay a high interest on a monthly loan to B.

However, in fact, the defendant thought that he would use to pay interest on other debts by lending money from the damaged party, and because the debt without any special property is equivalent to KRW 200 million and monthly income was paid in a amount equivalent to KRW 15 million per month or interest per month, there was no intention or ability to pay even if he borrowed money from the damaged party.

The defendant deceivings the victim as above and receives 500,000 won from the victim to the account under G's name on the same day, as well as from the time of the transfer of the victim to the account under G's name.

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