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(영문) 수원지방법원 2016.09.22 2016고단4171
사기
Text

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

Reasons

Punishment of the crime

1. On March 2012, the criminal defendant against the victim B made a false statement to the effect that “if a wife lends money to him/her as he/she wishes to open a child care center, he/she will repay it later than several months,” to the victim B, who is a workplace partner, in a closed area below Suwon-si.

However, at the time, the Defendant could not obtain additional loans, which is the only asset owned by the Defendant, as collateral, and the Defendant’s monthly wage was difficult to cover the living expenses, and was repaid from many loan companies to prevent the repayment of the loan. The Defendant’s wife did not plan to open a childcare center, and was thought to use the money for the repayment of the loan from the damaged party, so there was no intention or ability to repay the money even if he borrowed the money from the damaged party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 38,60,000 on March 29, 2012 from the victim; (c) KRW 10,835,00 on November 7, 2013; and (d) KRW 54,435,00 on November 13, 2013 to the corporate bank account in the name of the Defendant.

2. On February 2009, the Defendant stated that “A victim C, a workplace partner C, opened a 10,000,000 Masp loan passbook with the limit of KRW 10,00,000,00 as it is necessary for her wife to open a child-care center, use it and repay it within one month” at around that time, the Defendant got over a 10,000,000 Masp loan passbook and a Masp loan with the limit of KRW 10,000,000 established in the name of the victim from the damaged party and used it. While extending the time limit for repayment on several occasions, it was difficult for her to operate Masp loan with the victim on the street near the enterprise bank that takes over the Dong-gu, Suwon-si around May 2014, the limit of Masp loan to KRW 20,00,000,000,000.

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