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(영문) 대구지방법원 경주지원 2016.08.17 2016고단196

사기등

Text

3-2,00

(a) 1) Imprisonment with prison labor for 6 months and 4 years for each of the crimes listed in the holding.

Reasons

Punishment of the crime

1. [Majority Opinion] On February 8, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in the Daegu District Court’s support, and the judgment became final and conclusive on April 27, 2011, and the period of parole on September 30, 201 during execution of the sentence was expired on October 18, 201.

2. [Attachment 2016 high group 196]

A. On November 22, 2012, the Defendant’s fraud against the victim D was a “F cafeteria” operated by the Defendant on the racing-si on the following occasions: (a) the victim D punished a lot of money with the inside money, but is more conditions than inserting it into the bank.

In doing money play, the amount of interest of KRW 300,000 per month shall be reduced. The principal shall be paid after one year.

The phrase “ makes a false statement.”

However, in fact, the Defendant thought to use the money borrowed from the injured party as the above restaurant operating fund, and there was no intention or ability to pay high interest with money play. At the time, the Defendant did not have any property with bad credit, and the management status of the above restaurant was not good, and there was no intention or ability to repay the money borrowed from the injured party even if he borrowed money from the injured party.

The Defendant received KRW 30,00,000,00 from the injured party for the same day as the loan money, and received KRW 81,00,000,000 from October 24, 2012 to November 2, 2013, in total, from around 21, 2013, as shown in attached Table 1.

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

B. On July 25, 2013, the Defendant: (a) borrowed money fraud 1) at the “I” clothes store operated by the victim G located at P on-si on July 25, 2013; and (b) the victim “ was punished by money, but is more conditions than inserting money to the bank.”

The money is lent to reduce high interest.