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(영문) 춘천지방법원 속초지원 2014.04.16 2014고단41
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From February 2, 2007, the Defendant continued to operate the “D” store A, 120,000 won monthly revenue. However, due to the remainder of the loan debt incurred by investment in the past, the Defendant could not fully repay the existing debt solely due to the remainder of the loan debt incurred by investment in the previous shares, and thus, he was able to use the so-called “D” type of loan even though he continued to operate the new loan fund by continuously making up for the debt of various financial institutions or debentures and operating funds.

1. Around September 18, 2012, the criminal defendant against the victim E stated that “A victim E, who has borrowed money from the above store, borrowed KRW 700,000,000,000 which is urgently needed for the use of the vehicle accident agreement among the children, shall be paid interest, and the principal shall be repaid as soon as the amount arises between the payment and the full payment.” From that time, the criminal defendant demanded the victim to continue to lend money for various purposes, such as the attached list (1).

However, the fact is that there was no intention or ability to fully pay the principal due to the fact that it is necessary to continue to use the money to repay other debts, etc., and that there was a false room related to the family, such as the Plaintiff’s traffic accident agreement, etc., in order to facilitate lending of the money. Accordingly, according to the continued operation of the money return method, even if the borrower continues to borrow money continuously and partly repaid the interest from the victim, the principal liability to the victim was not sufficient in the cumulative situation where the principal liability to the victim was accumulated.

As above, the Defendant, by deceiving the victim as above, received 70,000 won from the victim as the borrowed money on September 18, 2012 from the Defendant’s account as well as transferred from that time to the Defendant’s account. From that time until May 10, 2013.

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