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(영문) 대구지방법원 2018.05.25 2017고단4260

사기

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

The Defendant, on October 13, 2016, called "2017, 4260, the top 4,260," by phone to the victim D at an influence place, and there is a lot of profit when operating a pentol business in Jeju-do.

It is not sufficient to pay funds when the domestic establishment entered into a contract.

It is intended to divide 3.5 million to 6 million won out of the monthly income under the pretext of interest for each payment, from among the money needed for KRW 20 million to KRW 50 million.

In addition, the branch store will be placed in the branch without the cost of the store.

The borrowed money will be repaid until January 21, 2017.

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

However, the Defendant did not have entered into a contract with a pension business or a other business establishment in Jeju-do, and as at the time, the Defendant was liable to pay approximately KRW 1.2 billion a monthly interest and KRW 20 million a monthly interest without any particular property, it was difficult for the Defendant to pay interest on the existing debt solely with monthly income. The Defendant was living in the form of so-called “the so-called “the return prohibition” that borrows money from other persons to pay that money. Therefore, even if he borrowed money from the damaged person, the Defendant did not have any intention or ability to pay the money normally.

Around October 13, 2016, the Defendant: (a) by deceiving the victim as above; and (b) received KRW 7 million from the Nonghyup Bank account (E) in the name of the Defendant from the victim; and (c) obtained a total of KRW 99,178,430 from 116 times from October 21, 2014 to April 15, 2017, such as the list of crimes in the attached Table.

[2017 Highest 4460] Defendant on September 30, 2016, at G clothes stores operated by Defendant F located in Daegu Suwon-gu, Daegu-gu on September 30, 2016, it is necessary to pay money to Defendant H to purchase clothes.

Along with money, a false statement was made to the effect that “I will have to fully repaid the clothes up to January 31, 2017, by selling profits from selling them.”

However, at the time of fact, the defendant was liable for approximately KRW 1.2 billion without any particular property.