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(영문) 대구지방법원 서부지원 2014.12.12 2014고단746

사기

Text

A defendant shall be punished by imprisonment for two years.

The application for compensation order of this case shall be dismissed.

Of the facts charged of this case, the victim.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On November 7, 2011, at a place where a location is unknown, the Defendant made a false statement to the victim C, stating, “If the Defendant borrowed KRW 15 million as he/she had purchased an apartment because he/she had no registration tax, he/she would have received the said apartment as a collateral and repaid the said apartment after completing the transfer registration.”

However, even if the defendant borrowed the above money from the victim, he did not have the intention or ability to repay it.

The defendant received KRW 15 million from the victim to the Agricultural Cooperative Account (Account Number: D) in the name of the defendant under the name of the victim for the same day.

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

B. On January 19, 2012, at a place where the place is unknown, the Defendant sent a phone to the victim C, and made a false statement to the effect that “If the Defendant purchased a benz car, it is possible to release the benz car without a mortgage at the bank. Therefore, if the Defendant borrowed an advance 20 million won from the bank, he/she would immediately refund the benz car with the 15 million won borrowed prior to the sale or transfer the said car.”

However, the defendant did not have the intention to purchase the above car and did not have the intention or ability to pay the above loan.

The Defendant had the victim transfer the account number of 207 million won in the name of E (State) under the name of advance for the said passenger car on the same day to the account where the account number is unknown.

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

2. The Defendant against the victim F, on January 2012, the victim F, who became aware of in the course of the introduction of the above H at the I office operated by the H located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, as a result of the introduction of the said H, would raise KRW 300 million to the victim F, who received a loan from a net hotel as security in a financial right.

It is necessary to bear expenses for the above work.