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(영문) 대구지방법원 서부지원 2014.05.02 2013고단1106

사기등

Text

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

Reasons

Punishment of the crime

On September 24, 2008, the Defendant sentenced ten months to imprisonment for violating the Automobile Management Act, etc. in the Daegu District Court Kimcheon Branch on September 24, 2008, and completed the execution of the sentence in the Daegu Prison on May 28, 2009.

1. The fraud defendant did not have any property under the name of the defendant, and the so-called "credit bad" was planned to use the money borrowed from the victims for personal purposes, such as repayment of debts, and thus, he did not have any intent or ability to repay the money, even if he borrowed money from the victims.

Nevertheless,

A. On April 20, 201, the Defendant borrowed 30,000,000 won from the “Ecar Center” of the Victim D’s Operation in Daegu-gu, Daegu-gu, to the effect that if the Defendant borrowed 30,000,000 won to another person, he/she would receive interest from the other person, and shall pay the principal by 3% interest from the other person, and shall be repaid until April 28, 2013, and the principal was remitted from the victim to the new bank account (Account Number F) in the name of the Defendant on April 29, 2011. < Amended by Act No. 10637, Apr. 25, 2011; Act No. 1080, Aug. 1, 2011; Act No. 1080, Oct. 29, 2000>

B. On August 17, 201, the Defendant concluded to the effect that at the office of the Defendant located in Seogu-gu, Daegu-gu, the Defendant would lend KRW 4,000,000 to the victim H within one week, and that he/she would have repaid the said KRW 4,00,000 to the said new bank account under the name of the Defendant on August 18, 201.

C. On August 31, 201, the Defendant received KRW 7,700,000,000, in total, from the victim’s new bank account in the name of the Defendant on August 31, 201, to the said new bank account in the name of the Defendant, by falsely stating that he/she would repay money to the victim H within 2,3 days in a mutual influent restaurant located in the Dong-dong, Seogu, Daegu-gu, and that he/she would lend money to the victim H.

The Defendant, on October 201, made a false statement to the effect that the Defendant would lend KRW 5,00,000 to the victim at the “J” private teaching institute in Daegu-gu, Daegu-gu, and that the Defendant would repay the victim more than one month if he/she lent the victim KRW 5,00,00.

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