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(영문) 대전지방법원 홍성지원 2016.12.07 2016고단590
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

Punishment of the crime

1. Around April 5, 2011, the Defendant made a false statement to the effect that “If the Defendant lends KRW 10 million to the victim D, he/she will make payment later, he/she will make payment later” in front of the cafeteria “C” restaurant B, which is located in Boan-si B.

However, in fact, the Defendant was not only liable for the loans of the Suwon million won to financial institutions, but also the Defendant was obligated to pay the above loans of the KRW 10 million from the victim due to the personal debt of the KRW 10 million, and there was no intention or ability to pay the victim KRW 10 million.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim as the loan money on the same day.

2. On December 2, 2011, the Defendant made a false statement to the effect that “The Defendant would lend money to the victim due to shortage of living expenses” to the victim in the Buddhist area of Bosong-si and Dong-dong.

However, the fact was that the defendant was planning to repay the above debt with the money borrowed from the victim, and there was no intention or ability to pay the borrowed money to the victim.

As above, the Defendant, by deceiving the victim and being transferred one million won from the victim to the credit union account (E) under the name of the Defendant on the same day, was transferred from around that time to June 20, 2012 in total nine times, including the statement in the crime list from around that time to around June 20, 2012, to the above credit union account.

3. On January 2, 2012, the Defendant made a false statement to the effect that “The Defendant borrowed 1,300,000 won from the Defendant to the Defendant’s influorous land (hereinafter referred to as the “SIF”) around the same month.” However, the Defendant made a false statement to the effect that “The Defendant would be liable for the payment without the FF’s payment.”

However, in fact, the defendant had the victim remitted money to F, and the defendant thought that he would pay his debt to F, and F.

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