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(영문) 대구지방법원 2014.09.25 2014고단2604

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 10, 2013, the Defendant was sentenced to eight months of imprisonment for fraud by the Daegu District Court on February 17, 2014.

"2014 Highest 2604"

1. On November 2012, the Defendant: (a) purchased land located in the Daegu-gu Dongdong-gu, Daegu-gu, Police Officer; (b) attempted to operate a convalescent; (c) failed to provide a convalescent; and (d) borrowed money from the victim due to lack of funds; (b) provided that, despite having no particular property, the Defendant did not have the intent or ability to repay the said money; (c) provided that, “The Defendant would pay interest and principal to the victim if he/she loans KRW 40 million with the design cost of the construction of a convalescent in Lidong-gu, Daegu-gu; (d) received money from the victim on the account on the 22th day of the same month; and (e) obtained money in cash of KRW 30 million on the 30th day of the same month; and (e) obtained money from the victim.”

2. In the same place as at the beginning of July 2013, the Defendant: (a) purchased the land located in the Chungcheongnam-gun, Chungcheongnam-gun, around November 201, and attempted to operate a convalescent hospital; (b) failed the money shortage; (c) on the other hand, even if the Defendant borrowed money from the victim due to the lack of any particular property, he/she wishes or ability to repay the said money, he/she intends to purchase and remodel the building in question; and (d) to operate the convalescent hospital, notwithstanding the absence of intent or ability to repay the said money, the Defendant may receive the loan if he/she lends the down payment of KRW 10 million under the name of the party with good credit rating; and (e) if he/she lends the building as a down payment, he/she would receive the down payment of KRW 10 million and the down payment up to KRW 10 million that he/she borrowed from the victim to the down payment of KRW 10 million,0000,000,000 from the victim.