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(영문) 광주지방법원 2014.11.26 2014고단2981
사기
Text

Defendant shall be punished by imprisonment for a term of two years and two months.

The defendant shall pay 234,361,720 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

1. Although the Defendant had a debt amounting to KRW 150,00,00,00 for personal debts, such as a financial institution’s debt, scarb, and workplace rent, which occurred due to scarbling, etc., the Defendant had maintained the phenomenon in such a way as to prevent any other debt from being repaid without any specific property. The Defendant was at the time a monthly salary, which was an employee of the previous South Korean University Hospital, was the employee of the previous Korean University Hospital, and the said situation has deteriorated without any limit to the interest of the said debt and necessary living expenses, and thus, even if he borrowed money from another person, he did not have the intent or ability to fully repay it, but did not borrow money from another person.

2. Specific facts of crime;

A. A. Around February 20, 2009, the Defendant against the victim C made a false statement to the victim C (the age of 41) at the office D of the Jeonnam University Hospital D located in Jeonnam-dong, Dong-dong, Gwangju, stating that “The Defendant would lend money rapidly and promptly repay it to the maximum extent possible.”

However, even if the defendant borrowed the above money, he did not have the intention or ability to repay it.

Nevertheless, the Defendant received KRW 300,000,00 from the victim for the same day as the loan money, and received KRW 402,671,50,000 in total from February 20, 2009 to November 15, 2013 as stated in the annexed crime list through 78 times in total, from February 20, 209 to November 15, 2013.

B. Around March 7, 2013, the Defendant: (a) stated that “A victim E (a person aged 39) is paid a high-amount annual salary at the Jeonnam Hospital; (b) if the Defendant borrowed KRW 10,000,000 from the said office, the Defendant would pay the victim E with the interest by the end of April, along with the interest.”

However, the defendant is not a doctor's intention, but a debt is due to an excessive burden at the time.

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