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(영문) 대전지방법원 2017.08.24 2017고단844

사기

Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

The Defendant is bound to operate the legal party called “D” in the Cheongju-si Court of Appeals, and the victim K (V, 53 years old) is a person who was a guest of the above legal party.

1. On September 2012, the Defendant made a false statement to the effect that “B shall lend KRW 30 million to B and invest in China the amount of KRW 900,000 per month interest, and the principal shall also be repaid within a few months” to the victim at the home of the victim in the ASEAN of Japan.

However, in fact, the defendant only intended to use a loan from the victim for the repayment of debt, etc., and due to the circumstances in which the victim was in existence at the time and there is no particular property or income, there was no intention and ability to pay the principal monthly interest.

Nevertheless, on December 4, 2012, the Defendant, by deceiving the victim as such, received 30 million won from the victim, as the borrowed money, from the victim, to the new cooperation account in the name of Dong L, and acquired it by fraud.

2. On May 8, 2016, the Defendant made a false statement to the effect that “In order to sell land at auction as soon as possible, the Defendant shall set up KRW 27,444,440 to the front of the legal satur in order to sell the land,” and that “B shall make the said money to the front of the legal satur, 27,444,440 to the front of the legal satur, and then, to the front of the legal satur, the Defendant would make the said money to be cut off after one month, and to other people should raise money to the legal satur.”

However, the fact was that the defendant received money from the injured party and intended to use it as debt repayment, living expenses, etc., and there was no intention or ability to return it to the injured party after the month because it was an individual rehabilitation at the time, and there was no reason to do so.

Nevertheless, on May 9, 2016, the Defendant deceivings the victim, and receives transfer of KRW 27,440,440 from the victim to the new cooperation account under the name of the Defendant.