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(영문) 의정부지방법원 고양지원 2018.09.14 2018고단320
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On February 8, 2017, the criminal defendant against the victim B would have the victim B manage the site in the coffee shop located in Jeju C.

A false statement was made that the construction cost will be repaid within three months from the loan.

However, in fact, the Defendant did not carry out the above construction work and took a large amount of debt, etc., and was in the so-called “non-performing credit” position, and there was no certain income to repay the existing debt or use it for living expenses, and thus, there was no intention or ability to repay the debt even if the Defendant borrowed the money from the injured party.

Nevertheless, the defendant deceiving the victim as above and transferred 50 million won to the Nong Bank account (Account Number: E) opened in the name of Nong Bank account (Account Number) around February 10, 2017 from the victim who is affiliated with the defendant.

2. On February 27, 2017, the Defendant against the victim F is not enough to pay the victim the deposit to the revenue of the officetel at the official broker office of the victim F located in Bupyeong-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City.

On March 27, 2017, the Plaintiff borrowed KRW 18 million and falsely stated that he/she will repay KRW 20 million until March 27, 2017.

However, the defendant did not have the intent or ability to pay the amount even if he borrowed the amount from the injured party because he had a large amount of debt as stated in Paragraph 1.

Nevertheless, the defendant deceivings the victim as above and transferred 18 million won to the Nong Bank account as stated in paragraph (1) in the name of the same day from the victim.

3. On March 25, 2017, the Defendant against the victim H made a false statement to the victim H at the construction site of the F’s office and the Gyeonggi House as set forth in paragraph (2) of this Article, stating that “I will continue to perform a new construction project, but will complete the construction project within one month if I lend the design cost.”

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