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(영문) 대구지방법원 포항지원 2018.04.05 2017고단1584

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On November 4, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny in the Daegu District Court’s port branch, and the said judgment became final and conclusive on July 28, 2016.

[Criminal facts]

1. From February 2013 to August 30, 2013, the Defendant committed the crime: (a) around February 30, 2013, at the home of the victim D (W, 79 years old) located in North-gu Seoul apartment house 101-dong 1102, North-gu, Mapo-si; and (b) the victim “if he/she receives money from the bank, he/she will pay interest to the bank by paying a large amount of interest if he/she lends money to the bank.

“A false representation was made.”

However, in fact, the defendant is a recipient of basic living at the time, and there was no certain occupation or income, and even if he borrowed money from the injured party with a debt of about KRW 10 million, he was expected to use it for preventing the payment and return of interest, and there was no intention or ability to complete payment.

As a result, the Defendant acquired money from the injured party by delivering KRW 2 million on February 2, 2013, KRW 2 million on June 2013, KRW 2 million on early 2013, KRW 1 million on August 30, 2013, and KRW 5 million on the aggregate.

2. On July 31, 2013, the Defendant, at the victim’s house as stated in the above paragraph (1) on July 31, 2013, will receive a high interest on a loan of KRW 3 million from the victim to E who will not receive money from the bank.

“A false representation was made.”

However, in fact, the defendant was scheduled to use the money received from the injured party for his/her debt repayment and living expenses, and actually did not have the intention or ability to deliver 3 million won to E.

In the end, the Defendant obtained the delivery of KRW 3 million from the injured party at the time of the above day and acquired it by fraud.

3. On August 8, 2013, the Defendant committed the crime on August 8, 2013, at the victim’s house as set forth in the foregoing paragraph 1, the Defendant would receive a high interest of KRW 4 million from a loan to F, who would not have received any money from the bank.

“A false representation was made.”

However, the defendant has received money from the injured party.