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(영문) 대구지방법원 김천지원 2014.03.12 2013고단1312

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2012, around 20:00 on August 19, 2012, the criminal defendant against the victim B made a false statement to the victim B of female job offering female-friendly job offering by elementary school E in front of the convenience point where it is difficult to know the trade name in the D market located in the Gu-Si-si, Si-si, Si-si. The defendant borrowed 9 million won to the victim B of female job offering by adding the interest equivalent to 30% of the borrowed money up to October 31, 2012 to the sum of interest equivalent to 1.7 million won. The defendant would pay 60 days until October 31, 2012 in the daily installment form."

However, since the defendant was in the situation of leaving the sidewalk operated at the time, he did not lend money from the victim to the victim again, but did not intend to use it as the defendant's personal debt or living expenses, etc., and there was no other income, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

Nevertheless, on August 20, 2012, the Defendant, by deceiving the victim as above, received six million won in total from the national bank account (F) with the Defendant’s name on August 20, 2012, and three million won in total from the same account on August 22, 2012.

2. On August 22, 2012, the Defendant against the victim E: (a) around 16:00, on the front day of the Gmotour Ga located in Gumi-si on August 16, 2012, “The Defendant shall lend additional money to the victim E, who is the shipr of the elementary school specified in paragraph (1). If one million won is more than one million won, the Defendant shall pay the victim E, who is the shipr of the elementary school specified in paragraph (1), with the total amount of KRW 13 million plus interest equivalent to 30% of the borrowed money, including nine million won borrowed first from a female-child-friendly Gu, until October 31, 2012; and (b) by October 31, 2012, he/she shall pay the principal and interest of KRW 13 million in daily installments for the number of days.”

However, as the defendant was in a situation where the news room operated at the time was left, the defendant was the victim.