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(영문) 대전지방법원 2015.02.03 2013고단4993
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant, using the fact that the victim B lacks the ability to make judgment in comparison with the general public, acquired money from the victim or embezzled precious metal that is entrusted with custody by the victim.

1. Fraud;

A. On April 13, 2011, the Defendant told the victim B to “D” office located in Seongbuk-gu Daejeon Ctel 713, Daejeon, that “The Defendant would borrow money from the lending company under the name of thener, manage the money, and lend money to another person while engaging in a credit business, and pay the money to him/her and make profits without any excess of the above loan.”

However, the defendant only planned to use the money borrowed under the name of the defendant for personal purposes, and did not have the intent or ability to repay the loan while operating the credit business.

As above, the Defendant: (a) obtained a loan of KRW 5 million in the name of the victim from a single bank account in the name of the victim to receive a loan from the victim; and (b) obtained a loan of KRW 5 million in the name of the victim from the “E,” a lending business entity on the same day, from November 11, 2010 to June 27, 201; (c) obtained a loan of KRW 37,294,206 in total from the lending business entity and the bank in the name of the victim from November 11, 201 to June 27, 201; and (d) obtained a loan of KRW 7,29

B. On January 20, 2012, the Defendant stated that “The Defendant would pay interest of KRW 100,000,000 per month if he/she lent money to the said victim in front of the Nonghyup-dong, Seosung-gu, Daejeon.”

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

As above, the Defendant, by deceiving the victim, obtained 2.9 million won from the victim, i.e., e., the victim.

C. The Defendant around October 1, 2012.

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