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(영문) 대구지방법원 포항지원 2018.05.31 2018고단346

사기

Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal records] On March 29, 2013, the Defendant was sentenced to two months of imprisonment for fraud and one year and six months of imprisonment at the Daegu District Court, and completed the execution of the sentence on March 18, 2014.

[Criminal facts] The defendant has the ability to regard the defendant as the victim D and C who visited the customer as a non-exclusive person running the house of occupation

Using trustable ones, I tried to acquire money from victims.

1. The Defendant, with respect to the victim D, by deceiving the victim as described in the following A or E, received property or acquired pecuniary benefits equivalent to 141,54,64 won in total by deceiving the victim.

A. On October 5, 2016, the Defendant is required to pay money to the victim for the operation of the PC room by her husband at the influent land.

The money shall be repaid at the face of the loan.

The phrase “ makes a false statement.”

However, in fact, since there was a debt equivalent to about KRW 200 million at the time, and there was no fixed profit, there was no intent or ability to repay to the victim even if he borrowed money.

The Defendant received KRW 30,00,000 from the victim to January 10, 2016, total amount of KRW 30,950,000,000,000 from the victim’s loan through insurance contract loan at least seven times during the period from around that day to around November 10, 2016, as shown in the List of Crimes (1), after allowing the victim to obtain a loan of insurance contract on the same day. From around October 27, 2016 to around January 6, 2017, the Defendant received delivery of KRW 23,20,000,000 from the victim total of 10 times as shown in the List of Crimes (2).

B. On October 5, 2016, the Defendant made a card under the name of the victim “(victim D)” to the victim, and made a high level of use on the face of the loan, and paid the credit card use amount in full.

The phrase “ makes a false statement.”

However, at the time of fact, there was a debt equivalent to about KRW 200 million, and there was no fixed profit, so even if the credit card is paid, the credit card use amount.