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(영문) 대구지방법원 서부지원 2016.02.18 2015고단1867

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2015 Highest 1867" was aware of while operating the clothing manufacturing business under the trade name of "D" in Daegu Northern-gu C, Daegu, in order to obtain money from the victim F (I, 48 years of age) who was introduced from "D", as the operating expenses of the above company.

In this regard, the defendant extended 15 million won to the victim through E on January 2014, the defendant will pay 2% interest per month on a face to the victim through E.

In addition, only two months will be used and repaid.

“The purpose of “ was to make a false statement.”

However, in fact, from around 2008, the Defendant was bad credit standing and did not have any particular property under the name of the Defendant. At that time, the Defendant had, without any particular revenue, a debt equivalent to KRW 120 million in total amount of loans to financial rights and credit card payments to the card company, and had a debt of KRW 35 million to G. Since there was a debt of KRW 30 million to E, there was no intention or ability to normally repay the principal and interest even after borrowing the said money from the victim.

Around January 13, 2014, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the Daegu Bank account in the H’s name as the operating expenses of the company from the victim, and acquired it by defrauded.

"2015 Highest 2099"

1. On November 21, 2013, the Defendant made a false statement to the victim E by calls from the Defendant located in Daegu Northern-gu Seoul Northern-gu D D and the victim E, thereby lending money.”

However, the defendant did not have any intent or ability to repay the debt until February 20, 2014 according to the agreement, even if he/she borrowed money from the injured party because he/she had a debt exceeding KRW 100 million at that time.

The defendant deceivings the victim as such, and he received 30 million won from the victim on the same day.

2. On July 24, 2014, the Defendant: (a) at the same place as that of paragraph (1) around July 24, 2014; and (b) by telephone to the victim G on August 8, 2014.