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(영문) 대구지방법원 2017.04.13 2016고단4215

사기

Text

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

Reasons

Punishment of the crime

Around July 10, 2015, the Defendant stated that “Around July 10, 2015, the 2016 Highest 4215 Defendant is obliged to lend money to another person and pay the money to the victim D with no particular property, and there is a debt in excess of KRW 3,90,000,00,00,000.” However, even if he/she borrowed money from another person, he/she did not have the intent or ability to pay the money, he/she acquired the money from the victim D with “I would pay the money without the mold, with interest,” and that he/she received KRW 7,00,000 from the victim D with the borrowed money under the name of the money borrowed from the victim D, from that date until February 4, 2016.

The Defendant, on June 2015, 2015, 1132, “F” located in Sinsan-si, Sinsan-si, Sinsan-si, and the Victim G, who borrowed money to the Victim G, would pay 8% interest on the money loaned from 4-5 days to 4-5 days after the card tin.

“A false statement” was made.

However, in fact, the Defendant did not have any particular property, and the obligation exceeds KRW 70 million, and the so-called “the repayment of the obligation to another person” is required to lend money from the damaged person to repay the obligation to another person, and there was no intention or ability to pay the interest added within the period agreed upon by the victim.

The Defendant, as such, by deceiving the victim, received KRW 1.8 million from the victim, to the Agricultural Cooperative account under the name of the Defendant around June 10, 2015, from the victim, and thereafter received KRW 5,98 million in total over 12 times from July 6, 2015, as stated in the attached crime list, from around July 6, 2015.

Summary of Evidence

[2016 Highest 4215]

1. Statement by the defendant in court;

1. Each police statement made to H, D, or I;

1. Each loan certificate and a copy of passbook;