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(영문) 대전지방법원 2019.01.18 2017고단1322

사기

Text

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

Reasons

Punishment of the crime

1. On May 2013, the Defendant, in the name of the recovery of claims, obtained the claim amounting to five million won by the victim B, who requested the obligor C to receive and deliver the claim amounting to five million won in lieu of the obligor C. In accepting the claim, the Defendant said that “the cost necessary for the recovery of claims” was changed.

However, even if the defendant received money from the victim as the cost of recovery of claims, the defendant was thought to use it as living expenses, etc., and there was no intention or ability to accept the victim's claims from the above debtor C.

The Defendant received 300,000 won in cash from the victim on the same day, and received KRW 500,000 in cash from the victim on the same day on the following day by finding it in the E-user of the victim's operation in Daejeon-gu, Daejeon, and making a false statement to “Additional change in the security cost to KRW 500,000 as

Accordingly, the defendant deceivings the victim and obtained a total of 80,000 won as the cost of recovery of claims.

2. On September 15, 2014, the Defendant: (a) stated that “The Defendant would repay the money to the victim without the framework on the following day from the date of lending KRW 2 million to the victim at the E-user in the operation of the said victim.”

However, the defendant did not have any specific income and disposal assets at the time and did not have any intent or ability to repay the money even if he received money from the victim as a loan.

The Defendant received two million won in cash from the victim as the borrowed money on the same day.

3. On September 2014, the Defendant acquired the name of the purchase cost of a vehicle, saying, at the E-user of the above victim’s operation of the E-user, the Defendant said that “I would have a difference in money because I would have to take a rocketing car for two years after being withdrawn.”

However, the defendant did not make a promise to purchase a secondhand car at the time, and even if he received money from the victim, it is used as living expenses.