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(영문) 대구지방법원 상주지원 2013.03.19 2012고단322

사기

Text

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

Each application for compensation order filed by an applicant for compensation shall be dismissed in entirety.

Reasons

Punishment of the crime

1. On March 25, 2008, the criminal defendant against the victim E made a false statement to the victim E of G building operation 401 where the defendant living in the door-si F on March 25, 2008, stating, “The defendant would lend money to the victim E after receiving the loan of insurance clauses in return.”

However, the defendant had no intention or ability to pay the amount even if he/she borrowed the money from the victim, such as being seized, because he/she bears a large number of obligations at the time.

As above, the Defendant, by deceiving the victim as above, received 1.67 million won on the same day, 3 million won on the same day, 28.3 million won on the same month, and 9.4 million won on April 1, 2008, and 9.477 billion won on the same day, and had the victim obtain pecuniary benefits equivalent to the same amount by receiving a remittance of 76,648,951 won in total from the victim from around that time to June 23, 201, or by allowing the victim to repay the Defendant’s debt on behalf of the victim.

2. On December 15, 2010, the Defendant made a false statement to the victim D that “If an employee lends 10 million won as he/she needs to pay money, he/she shall be paid the principal and interest of 1.3 million won per month in installments.”

However, in fact, the defendant did not have the intention or ability to pay money even if he borrowed money from the victim, such as bearing a number of debts at the time.

As above, the Defendant, as stated in the attached Table of Crimes (2) from around that time to January 14, 201, received KRW 10 million in total from the victim, including deceiving the victim and receiving KRW 10,000,000 from the victim on the same day under the pretext of borrowing money from the victim.

3. On October 201, the criminal defendant against the victim C was the victim at the J-cafeteria operated by the victim C at the time of resident residence around October 201, and the victim is urgently required to close the company on the last day.