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(영문) 대전지방법원 천안지원 2019.07.04 2018고단1905

사기

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall obtain the amount of money from the applicant for compensation 241,879,000 won and shall do so. < Amended by Act No. 15935, Sep. 2

Reasons

Punishment of the crime

Around May 11, 2009, the Defendant stated that “Around 2018 Godan1905, the Defendant had a son B (n, 55 years old) who had the president who operates a drinking house in Cratis K, and the president could pay a high interest if he/she has paid a loan.” The Defendant said that “A son B (n, 55 years old) had the president who operates a drinking house in Cratis K, and the principal would be repaid.” The amount of interest would be equal to 10% of the principal amount per month and the principal would be repaid.”

However, as the Defendant received money from the victim due to a shortage of money to repay debts to D, E, etc., the said “the head of the foregoing “the head of the foregoing House” who can pay high interest was the fluor’s seal and did not have any specific income, and even if he did not receive money from the victim due to the absence of special assets, he did not have the intent or ability to pay the principal and interest normally.

As above, the Defendant, by deceiving the victim as above, received 10,000,000 won from the F Bank account (G) in the name of the Defendant on the same day under the pretext of borrowing money from the victim, and had, from that time until February 23, 2011, by deceiving the victim as shown in the attached crime list 1, and had the victim acquired a total of 241,879,000 won from the victim and pecuniary profit equivalent to the same amount, from February 23, 2011.

『2018고단2173』 피고인은 2013. 9. 8.경 천안시 서북구 H에 있는 피해자 I가 운영하는 ‘J’ 의류점에서 피해자에게 “시댁에서 요양병원을 건축하는데 철재비가 부족하다고 한다. 돈을 마련해서 시어머니를 빌려줘야 한다. 돈을 좀 빌려 달라. 한 달만 사용하고 갚겠다”고 거짓말하였다.

그러나 사실 피고인은 시댁에서 요양병원을 건축하고 있지 않았고, 다른 채권자에 대한 2억 원 이상의 채무를 갚지 못하고 있었으며, 생활비가 부족하여 수시로 소액의 현금서비스를...