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(영문) 대전지방법원 천안지원 2017.05.26 2016고단1672

사기

Text

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

Reasons

Punishment of the crime

1. On March 2015, the Defendant against the victim B told the victim B at D gas stations located in Jung-gu Seoul Metropolitan Government, stating that “The parents need to perform a surgery with their own body and to repay their parents with money that they need to receive medical care.”

However, in fact, the Defendant did not have a plan to use most of the cash borrowed from the victimized party as operating expenses or medical care expenses of the parent, and there was no particular income from the monthly income of 2.5 million won, and there was no need to pay more than 4 million won per month interest on the personal debt of 70 million won, and there was no intention or ability to repay even if he borrowed money from others.

Around March 30, 2015, the Defendant, by deceiving the victim as such, received 3.5 million won from the victim to the new bank account opened in the name of the Defendant on or around March 30, 2015, KRW 2 million around June 5, 2015, KRW 2 million around June 11, 2015, KRW 2 million around July 9, 2015, and KRW 12.5 million in total by receiving KRW 3 million from the victim on or around July 10, 2015. < Amended by Act No. 13573, Jul. 10, 2015; Act No. 13508, Jul. 10, 2015>

2. Fraud to victims E;

A. On August 17, 2015 and around September 9, 2015, the Defendant concluded that “Around August 17, 2015, the Defendant would have paid all the interest and principal to the victim E, who lent money to the victim E that the mother needs nursing expenses and the father need medical care expenses.”

However, in fact, the Defendant did not have a plan to use most of the money borrowed from the victimized party as care expenses or care expenses for parents, and did not have any intent or ability to complete payment even if the Defendant borrowed money from others as above.

On August 27, 2015, the Defendant: (a) by deceiving the victim; (b) obtained the transfer of KRW 7 million from the said account to the said account on or around August 27, 2015; and (c) obtained the total of KRW 12 million from September 17, 2015.

B. Around October 2015, the Defendant, around October 23, 2015, committed fraud, at the above gas station around October 23, 2015, the Defendant did not have good credit to the Defendant.