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(영문) 창원지방법원 2019.06.14 2019고단630
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 2016, the Defendant made a false statement to the Ciplomatic Association located in the Seocho-si Kim Jong-si, 2016, stating that “I would complete payment within six months if I would lend 1.8 million won even if I would like to provide money to the friendly-gu, I would like to purchase a motor vehicle by the same son, and would have received a fraud from the middle and high-ranking company.”

However, at the time, the Defendant was planning to use the Defendant’s personal debt repayment of the money received from the victim even if the Defendant borrowed money from the victim due to the circumstance that it is difficult for the Defendant to pay interest on the loan solely on a monthly basis because of the lack of an intent or ability to repay the money from the victim.

As above, the Defendant, by deceiving the victim, received from the victim each transfer of KRW 1 million from May 23, 2016 to the E-bank account (F) in the name of the Defendant on May 23, 2016, and 80,000 won from around 24th of the same month.

2. On May 13, 2016, the Defendant made a false statement to the said victim by telephone, stating that “The Defendant would obtain a loan for the repayment of obligations, and the loan will be repaid in time,” at a place where the location is unknown.

However, the defendant had no intention or ability to repay the loan in time, even if he/she had a victim jointly and severally surety due to the situation described in the above paragraph (1).

On the same day, the Defendant, by deceiving the victim as above, obtained a loan of KRW 3 million from (ju)G as a joint guarantor, from the victim as the principal debtor, and had the victim bear the liability equivalent to the above amount, and acquired pecuniary profits equivalent to the above amount.

3. On December 2016, the Defendant would pay the borrowed money to the above victim within a place where the location is unknown and by telephone within March 2017, if the Defendant borrowed KRW 2.5 million to the above victim.

If the borrower fails to repay the loan within three months, three million won shall be paid.

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