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(영문) 대구지방법원 서부지원 2014.03.21 2013고단1652

사기

Text

A defendant shall be punished by imprisonment for six 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. Around July 15, 2012, the Defendant committed the crime against the Victim C, stating that the Defendant would repay the Victim C with a loan of KRW 10 million,00,000,000,000,000,000,000,000 won, due to the shortage of money in arranging the Victim C’s Insurance Money from the Agricultural Cooperatives, which is located in Seonam-

However, in fact, the Defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim because he borrowed money from several places in excess of his obligation due to investment in stocks at the time.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim, who was in his seat, as a loan, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 24, 2012, the Defendant made a false statement that the Defendant would pay money to the victim D within one year if the Defendant borrowed the money to the victim D at the Nonghyup Development Center listed in paragraph (1) of the said Article as of December 24, 2012.

However, the defendant did not have the intent or ability to repay even if he borrowed money from the victim in excess of his obligation as stated in Paragraph 1.

Nevertheless, the Defendant, as above, was issued KRW 10 million as the borrowed money by deceiving the victim.

Accordingly, the defendant was given property by deceiving the victim.

3. On July 14, 2013, the Defendant made a false statement to the victim E that he/she will use only a few months if he/she borrowed 10 million won as a result of the lack of money from the Saemaul Depository located within the jurisdiction of the Gyeongnam Development-gun to make a monthly payment to the victim E.

However, the defendant did not have the intent or ability to repay even if he borrowed money from the victim in excess of his obligation as stated in Paragraph 1.

Nevertheless, the Defendant, as above, was issued KRW 10 million as the borrowed money by deceiving the victim.

In this respect, the defendant deceivings the victim to take property.