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(영문) 대구지방법원 2014.10.16 2014고단2190

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2013, the defendant was sentenced to a suspended sentence of two months on the 19th day of the same month by imprisonment for a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users.

1. Around July 25, 2011, the Defendant against the victim C made a false statement to the effect that “The victim C, who was aware of the fact that the Defendant was a member of a credit business office operated by the Defendant in the Daegu Suwon-gu, Daegu-gu, knew of the same fraternity group D, was an online gambling in China, making profits by using the server in China. When lending money, 50,000 won per week shall be paid per KRW 10 million per week, and if necessary, she would return the principal by making a deposit within one week.”

However, in fact, the Defendant had the obligation of KRW 102,594,00 without any particular property, and the Defendant did not have the principal that could be immediately collected while engaging in credit business and could not have known of the profit or loss from the Internet gambling. Therefore, even if he borrowed money from the victim, there was no intention or ability to pay the money within a week.

As above, the Defendant, by deceiving the victim as above, obtained a total of KRW 35 million from the victim to the account in the name of E, which is the wife of the Defendant, and acquired by deceptive money, including transfer of KRW 15 million on August 3, 201, KRW 15 million on or around August 19, 201, and KRW 10 million on or around August 19, 201.

2. On October 21, 201, the Defendant against the victim F made a false statement to the effect that “The Defendant may impose money on the victim F, who was aware of the same fraternity group as a member of the same fraternity group, by telephone, if he/she lends 10 million won to the victim F, he/she will return it after 3-4 hours if he/she lends 10 million won.”

However, in fact, the Defendant had a debt of KRW 102,594,00 without any particular property, and not only had the principal that can be immediately collected while engaging in credit business but also borrowed money like Paragraph 1.