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(영문) 대전지방법원 2016.01.13 2015고단2853 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 20, 2013, the Defendant committed a crime on or around December 20, 2013, around D factories located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around December 20, 2013, the Defendant would promptly repay the victim E with a loan of KRW 10 million.

“.........”

However, the defendant did not have any intent or ability to pay the above amount even if he received the above amount from the injured party, since he was only liable for the amount of KRW 85 million, such as bonds, and there was no property.

Nevertheless, the defendant deceivings the victim as above and received delivery of KRW 10 million on the same day from the victim.

2. On January 9, 2014, the Defendant of the crime committed around January 9, 2014, at the place specified in paragraph (1) around January 9, 2014, and at the place specified in paragraph (1), the Defendant borrowed KRW 10 million to the victim E.

“.........”

However, the defendant did not have any intent or ability to pay the above amount even if he received the above amount from the injured party, since he was only liable for the amount of KRW 85 million, such as bonds, and there was no property.

Nevertheless, the defendant deceivings the victim as above and received delivery of KRW 11 million on the same day from the victim.

3. On January 28, 2014, the Defendant of the crime committed around January 28, 2014: (a) at the places specified in paragraph (1) around January 28, 2014, the Defendant shall repay the victim E with a lump sum of loans lent KRW 60 million to the victim E, and KRW 60 million prior to the loan.

“.........”

However, at the time, the Defendant had an obligation of KRW 85 million, such as bonds, and the Defendant’s house was owned by another and could not be offered as a collateral. Therefore, even if the Defendant received the above money from the injured party, he did not have an intent or ability to repay it.

Nevertheless, the defendant deceivings the victim as above and transferred 60 million won to the defendant's account from the victim.

As above, Defendant 81 million won in total over three occasions from the injured party.