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(영문) 대전지방법원 논산지원 2019.07.23 2018고단278
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around May 2015, the Defendant, at the office operated by the victim C in the period of 2015, stated that “A loan was made at a high interest rate, and may be re- granted to the victim at a low interest rate.” If a loan was granted under four names, the Defendant would repay the loan and receive the loan at a lower interest rate after a day.”

However, even if the victim borrowed the loan from the victim, the defendant did not have any intention to use the loan in full for the repayment of the defendant's existing loan, and there was no intention or ability to receive the loan again to repay the loan to the victim.

On May 22, 2015, the Defendant had the victim obtain a loan of KRW 7.2 million from the E Bank, KRW 5 million from the F Bank, KRW 15 million from the G Bank, KRW 15 million from H, KRW 15 million from H, and KRW 2.2 million from I, and acquired it by transfer to the JAF account (K) in the name of the Defendant.

[Defendant and defense counsel asserts to the effect that it is not guilty without the scope of fraud. The fact that the Defendant paid KRW 6,400 to the victim in the name of principal or interest repayment over 30 times is recognized, but the records are recognized. ① The financial situation at the time of the Defendant’s borrowing of money from the Savings Bank (in accordance with the Defendant’s assertion, there was a debt of KRW 100 million at the time of the Defendant’s borrowing of money

The investigation records No. 102) and Defendant’s payment of only KRW 20,000 out of the money received by the Defendant, and the remainder appears to be used in living expenses or L events (the Defendant believed that only a part of the loan is repaid at a low interest rate, but it is difficult to accept an additional loan at a lower interest rate under the circumstances in which only a part of the loan was partially repaid. Moreover, it is difficult to accept the Defendant’s own loan.

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