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(영문) 대구지방법원 2020.12.10 2020고단3965
사기
Text

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

Reasons

Punishment of the crime

On November 6, 2019, the Defendant was sentenced to imprisonment with prison labor for six months at the Daegu District Court on November 14, 2019, and the said judgment became final and conclusive on November 14, 2019.

【Criminal Facts】

On June 2019, the Defendant stated to the victim B by telephone that “The money would be repaid after one week if the money would be given in order to provide a bank loan of KRW 30 million.”

However, even if the defendant borrowed money from the victim, there was no idea to use it as the expense for receiving the loan, and at that time there was no intention or ability to repay the borrowed money with the financial situation of the defendant.

On June 13, 2019, the Defendant, by deceiving the victim, received 3,800,000 won from the victim’s account under the name of the Defendant to transfer from the victim, and acquired 32,60,000 won in total on nine occasions from around that time to September 11, 2019, as shown in attached Table 1.

On November 6, 2019, the Defendant had been sentenced to imprisonment with prison labor for six months at the Daegu District Court on November 6, 2019, and the said judgment became final and conclusive on November 14, 2019.

On February 23, 2017, the Defendant stated that the Defendant would borrow money from the E office located in Daegu-gu, Daegu-gu, to the victim F, and that if the Defendant borrowed money from the victim F due to the registration fee for the preservation of ownership, if the Defendant borrowed money of KRW 20 million as the expenses for the registration of the preservation of ownership, he would receive the loan as collateral and repay it after three months.

However, the defendant did not have any intent or ability to repay money even if he borrowed money from the victim due to the aggravation of money due to the aggravation of money due to the absence of certain income even though he was in the situation of expenditure of KRW 8 million per month for the interest of bank loans.

Nevertheless, the defendant was paid KRW 20 million from the victim's account in the name of the defendant to the C account in the name of the defendant on the same day from that time.

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