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(영문) 전주지방법원 2017.02.09 2016고단1616
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On January 8, 2008, the Defendant lacks operational expenses, such as the value of the bath oil, etc., for the victim E in the bath in the pet-gu C in the front city.

3 million won was loaned to 3 million won, stating that he shall operate a bath and complete payment of the bath.

However, at the time, the Defendant had a debt equivalent to KRW 100 million in the financial right, and was provided with a loan of KRW 30 million in the above bath to a third party, and even if he borrowed money from the injured party due to the occurrence of the deficit of KRW 650 to KRW 7 million in every month while operating the above bath, he did not have any intention or ability to fully repay it.

Even so, the Defendant, as seen above, received total of KRW 11,50,000,00 in cash from the injured party at the same time, as shown in the list of crimes in the attached Table, as well as KRW 11,50,000,000 in total, as in the list of crimes.

2. Around April 2008, the Defendant loaned only the amount of time to be paid to the victim at the same place as Paragraph 1 of the same Article, and provided that, instead, the Defendant thereafter paid the amount of time off to the victim instead of interest, and provided that the Defendant would pay the money in the last sequence of payment.

However, the Defendant was liable as above, and the Defendant was obliged to pay the cost of bathing with the time limit money, and even if he borrowed money from the victim, he did not have any intent or ability to pay the money properly.

Even if so, the defendant deceivings the victim as above and received 11,300,000 won in cash from the damaged party.

3. On October 1, 2008, the Defendant told the victim at the same place as Paragraph 1 of the same Article that “Around October 2008, the Defendant would collect KRW 10,000,000 from the credit system in which payment of the time limit is to be made every 500,000 won.”

However, the Defendant was liable as above, and the Defendant is obliged to pay the cost of bathing with the time limit money, so even if operating the system normally or lending money from the injured party, the Defendant is willing to pay it properly.

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