(영문) 의정부지방법원 2016.12.07 2016고단902

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(영문) 의정부지방법원 2016.12.07 2016고단902

사기

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant, while working as a garment store in Seodaemun-gu's garment store, has failed to meet the financial conditions due to the embezzlement of the debt borrowed from the other party while working as a garment store and the garment store. The defendant was willing to receive the money from the following victims to pay his personal debt or to pay his embezzlement money.

1. Fraud against the victim C;

A. On May 2012, the Defendant made a false statement to the victim, stating, “I would complete payment with LAC if I would lend money to I would have to purchase a truck.”

However, the defendant did not have the intention or ability to pay the borrowed money to the victim because he was thought to use it to pay the personal debt with money from the victim.

The defendant received 18,00,000 won from the victim on the 8th day of the same month and fraudulently acquired it.

B. On May 2012, the Defendant made a false statement to the effect that “The Defendant changed KRW 1,000,000 to 1,000 for each month during which he/she would be able to receive a large amount of interest due to his/her birth in a bank.”

However, the defendant did not have the intention or ability to pay the borrowed money to the victim because he/she thought that he/she will use the borrowed money as a living cost.

The Defendant received from the victim the total sum of KRW 1,00,000 per month from the victim to December 2013, the Defendant acquired from the victim the total sum of KRW 20,000,000.

2. Fraud against victim D;

A. On February 2, 2014, the Defendant made a false statement to the effect that “If the Defendant lends money to the president of the said branch in the outdoor camping site located in the Dong-dong, Yangju-si, Yang Sung-si, the Defendant may receive interest from the Defendant. If the Defendant borrowed 15,00,000 won, only three months shall be used, and 10% of the principal shall be calculated as interest and paid in 1,50,000 won per 45 days.”

However, in fact, the defendant uses personal debt with money from the victim or himself.

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