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(영문) 대구지방법원 경주지원 2020.04.02 2019고단731

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant was a person who was engaged in meat sales business under the name of "D" on the 2nd floor, Kimhae-si B market, the second floor, etc., and there was no intention or ability to repay the principal and interest within the period agreed upon, even if he was unable to receive the outstanding amount or the interest on bonds from the victims due to sales proceeds, since he was unable to receive the outstanding amount or the interest on bonds from the victims.

1. The Defendant committed the crime against the victim E was operating the above meat sales store on the part of the building owned by the victim, and was in a continuous transaction relationship such as credit supply from the victim, and the Defendant was willing to borrow money in accordance with the above trust relationship and obtain it by fraud.

On January 2019, the Defendant made a false statement to the effect that “The Defendant would make efforts due to interest on bonds at interest rates, which would have been incurred due to loaning KRW 20 million to the Defendant, and would have paid the Defendant with interest added thereto.”

However, in fact, the Defendant was thought to first arrange the outstanding amount due to the borrowed money from the victim, and the borrowed money alone was not able to repay the outstanding amount due to the borrowed money. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay it within the agreed time limit.

Nevertheless, on February 8, 2019, the Defendant received KRW 20 million from the victim to the G bank account (H) in the name of F, his/her wife, as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. On April 2, 2019, the Defendant, against the victim I, is serving as an employee at the aforementioned “D meat sales store.”

On March 20, 2019, if the victim, who retired on March 20, 201, borrowed the principal and interest of KRW 10 million in addition to the interest of KRW 1,00,000 per month, shall be paid by paying the interest of KRW 3 million.