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(영문) 청주지방법원 영동지원 2016.11.17 2016고단95
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around July 2015, the Defendant had a debt of at least KRW 100 million with no property. Since the Defendant intended to lend money to the wife and South Korea with no capacity to repay the money, there was no intention or ability to repay the money even if he borrowed money from the other.

1. Fraud against the victim C;

A. On July 31, 2015, the Defendant stated on July 31, 2015, that “If the Defendant borrowed KRW 10,000,000 as it requires other expenses to be paid to the victims at the entrance of the E agricultural cooperative located in the Yancheon-gun, Chungcheongnam-gun, the Defendant would pay KRW 200,000 per month to the interest and make a repayment after the west month.”

However, for the above reasons, the defendant did not have the intent or ability to repay the borrowed money even if he received the borrowed money from the victim.

Nevertheless, on July 31, 2015, the Defendant, by deceiving the victim as above, was delivered KRW 10 million to the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant in the name of the victim, and received KRW 10 million from the victim.

B. On November 24, 2015, the Defendant phoneed the victim around the pertinent union around November 24, 2015 and called “one million won in full-time and three million won in full-time.”

However, for the above reasons, the defendant did not have the intent or ability to repay the borrowed money even if he received the borrowed money from the victim.

Nevertheless, on November 24, 2015, the Defendant, by deceiving the victim as above, was delivered KRW 3 million to the Agricultural Cooperative Account in the name of the Defendant’s spouse G (Account Number: H) with the borrowed money.

2. Fraud against victim I;

A. On September 29, 2015, the Defendant stated that “Around September 29, 2015, the Defendant used only one month and borrowed only KRW 6 million to complete payment,” in front of the victim’s house located in the Jacheon-gun, Chungcheongnam-gun, Chungcheongnam-do.”

However, it is true that the Defendant received a loan from the victim for the foregoing reasons.

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