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(영문) 대구지방법원 2014.08.21 2013고단7107

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant was unable to normally operate the fraternity because the Defendant borrowed the fraternity received from another person to a third party, which was not returned, and even if the Defendant received the fraternity from the victim, it did not have the intent or ability to pay the fraternity to the victim.

On January 2007, the Defendant made a false statement to the victim D that “If the Defendant borrowed 10 million won in terms of the purchase cost, he would repay 2-3 months later,” at the Defendant’s residence located in Daegu Southern-gu, Daegu-gu, 2007, the Defendant would lend 10 million won to the victim D.”

However, in fact, the loan is used as a whole, and as above, even if the loan was made from the victim with the debt of 3 to 400 million won, there was no intention or ability to repay it.

On January 29, 2007, the Defendant received KRW 10 million from the victim for the purchase cost of loan around January 29, 2007.

The Defendant, as above, was informed of the victim’s property by deceiving the victim.

B. On January 17, 2012, the Defendant made a false statement to the victim D, “The Defendant, at the Defendant’s residence in Daegu-gu Evea 301, would give KRW 3 million on the due date on March 17, 2012, with a maturity of KRW 3 million.”

However, the fact did not hold a three million won fake bill, and even if the debt was paid by the victim to the extent of three to four hundred million won, there was no intention or ability to repay the debt.

The Defendant received 2.8 million won from the victim, i.e., the money borrowed from the seat.

Accordingly, the Defendant, as seen above, received the victim’s property by deceiving the victim.

C. The Defendant was above around September 1, 2006.

In the place described in paragraph (1), the victim F would pay an amount of money to the victim F through D, “if the payment is made by order, it would be paid by order.”

However, there was no intention or ability to pay the same.