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(영문) 대구지방법원 김천지원 2017.11.16 2016고단1815

사기

Text

Defendant

A Imprisonment with prison labor for one year and for six months, respectively.

Reasons

Punishment of the crime

1. The Defendant’s sole crime committed by Defendant A is in need of money to promptly treat the victim in the “G” beauty room operated by the Victim F in Ansan-si, A around April 5, 2014.

It is intended to lend money to a third party.

“.....”

However, in fact, the Defendant was in excess of his/her obligation due to his/her failure to repay his/her debts, and the total amount of obligations, such as card usage fees, bank obligations, and personal debts, was at least KRW 100 million. The Defendant did not have any intent or ability to repay the debt even if he/she borrowed money from the damaged party due to the circumstance that the Defendant was preventing so-called return due to his/her failure to operate the so-called door-to-door.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received money KRW 4,00,000 from the passbook in the name of Defendant B, and acquired money from Defendant B to the passbook in the name of Defendant B; (b) and (c) received money totaling KRW 10,00,000 from the victim on two occasions during the period from around that time to April 22, 2014, as shown in the attached crime list Nos. 1 and 2.

2. The Defendants conspired with each other on July 31, 2014 at the place of the preceding paragraph, Defendant A, in collusion with each other, saying, at the victim F, the victim F, that the Defendant borrowed money, such as a security deposit, to open a large number of rooms in the name of the family, and Defendant B, while Defendant B, within the multi-faceh in which the family was operated in a usual manner, made it difficult for the Defendants to commit the Defendants to commit an act without necessarily belong to the Defendant’s promise.

I borrowed money. The phrase "............"

However, as provided in the preceding paragraph, Defendant A had no intent or ability to repay money even if he borrowed money from the injured person in excess of his obligation, and even if Defendant B did not have any specific property and did not have any intent or ability to repay money to the injured person, the said fact by deceiving the injured person as above, and by receiving remittance of KRW 10,000,000 from the passbook in the name of Defendant B.