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(영문) 대구지방법원 2019.09.27 2019고단3877

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around December 3, 2016, the Defendant stated that “AE” in the operation of the victim H in the NE market in Daegu-gun, Daegu-gun, would be able to bring profits to the victim with U living together and to pay the victim a profit with U.S., and that “If the victim lends KRW 10 million, the interest will be paid monthly and the principal will be repaid clearly.”

However, the defendant was planning to pay the principal and interest of the existing debt even if he borrowed money from the victim due to the fact that he was unable to pay the debt of KRW 80 million from the neighboring people in bad credit standing, and even if he was in the possession of money from the victim, he was unable to pay the principal and interest of the existing debt.

As such, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim as the borrowed money on or around December 5, 2016, and in the same manner, received KRW 5 million from the victim on or around January 23, 2017, KRW 5 million on or around January 23, 2017, KRW 4 million on or around February 21, 2017, and KRW 5 million on or around April 16, 2017, and KRW 3 million on or around June 1, 2017, respectively.

Accordingly, the defendant obtained a total sum of KRW 32 million from the victim and acquired it by fraud.

On May 21, 2018, the Defendant made a false statement to the effect that “AF would make a full payment within one week if he/she lends 7 million won as he/she is in need of money due to a traffic accident” to the victim AF at an article restaurant that does not know the trade name in the Dobong-gu, Daegu-gu, Seoul-gu, Seoul-do.

However, in fact, the Defendant had been urged to pay more than KRW 100 million to the cafeteria employees under the circumstances other than the monthly salary received by the cafeteria employees without any special property, and the money borrowed from the victim was thought to be used as the repayment of the existing obligation, and thus, the money from the victim.