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(영문) 대구지방법원 2015.12.18 2015고단4171
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 4, 2014, the Defendant told the victim D to pay the amount of KRW 10 million,00,000,000,000 to the victim D, which is located in the Yongsan-gu, Daegu-gu, Daegu-gu. Around September 4, 2014, the Defendant provided that “A club operation may be repaid in one month, if it is short of its operating funds.” The club deposit can be paid at KRW 120,000,000 with its premium and KRW 300,000,000,000,000,000,000 won.”

However, at the time, the Defendant was operating a club with E, F, G, and Dong business, and “I” in the middle-gu H, Daegu-gu H, Daegu-gu, and had no intent or ability to repay the club even if he/she borrowed money from the victim because he/she did not pay KRW 260 million out of the deposit and premium of KRW 330 million.

Accordingly, the Defendant, by deceiving the victim, received a remittance of KRW 10 million from the victim on the same day. From around that time to October 16, 2014, the Defendant received a total of KRW 9,467 million over eight times, as shown in the attached Table 1, from around that time.

2. On October 7, 2014, the Defendant stated that “A victim D shall be paid with a funeral service if he/she lends a credit card, as he/she needs publicity expenses, because he/she is required to do so.”

However, at the time, the Defendant was unable to pay KRW 260,000,000,000,000 for 3330,000,000 won for a club and had been suffering from extreme financial difficulties. Since there was no particular property or monthly income and there was no obligation equivalent to KRW 20,000,000, and even if the Defendant borrowed money from the victim, there was no intention or ability to pay the money.

Accordingly, the defendant deceivings the victim, and is on the same day from the victim.

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