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(영문) 대구지방법원 2016.08.19 2016고단2567

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 8, 2014, the Defendant: (a) from the Defendant’s office located in Daegu-gu, Daegu-gu, the victim D by telephone to “in the process of forcing her son to go back to force her son, it is necessary to enter into an agreement at the time of her head to go back to her son.”

If the money is lent, it will be repaid immediately.

“A false statement” was made.

However, even if the victim borrows money from the victim, the defendant was in bad credit standing, and the defendant was liable for the debt amounting to 3.5 million won, and there was no intention or ability to repay it even if he borrowed money from the victim due to no particular property or income.

Nevertheless, on January 8, 2014, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 3 million to the Japanese bank account (E) in the name of the Defendant around January 8, 2014.

2. On January 14, 2014, the Defendant: (a) from the Defendant’s office around January 14, 2014, the Defendant called “a bond business entity’s office search and intimidation.”

If bonds are repaid, credit rating is high, and it is possible to lend up to 10 million won.

In lending money, the loan was received and transferred in such a manner as above.

To pay up to 3 million won.

“A false statement” was made.

However, even if the Defendant borrowed money from the injured party, it was thought that it will be used for the cost of living, there was no particular property or income, and there was no obvious method to receive the loan, so there was no intention or ability to repay the money even if the Defendant borrowed money from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 1.4 million from the victim on January 14, 2014; (c) KRW 1.7 million on January 17, 2014; (d) KRW 900,000 on January 27, 2014; and (e) KRW 1 million on February 5, 2014 from the said Japanese bank account; (b) KRW 1 million on February 21, 2014; and (c) KRW 2 million on February 28, 2014, including KRW 1 million on the name of the Defendant, from the victim; and (d) received each transfer to the Saemaul Bank account in the name of the Defendant.

3. The Defendant on March 9, 2014