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(영문) 대구지방법원 영덕지원 2018.08.29 2017고단279
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[2017 Highest 279] The victim B was an employee of the defendant

C The owner of the Multilateral, and the victim D is a worker of the Multilateral in C.

1. On October 3, 2014, the criminal defendant against the victim B shall lend money to the victim “as soon as possible to pay the money” from C C C in Seosan-si, Seosan-si, O, to the victim. It shall be immediately repaid if he/she lends money to the victim.

The phrase “ makes a false statement.”

However, the defendant did not have any intent or ability to repay his personal debt at the time, even if he borrowed money from the injured party due to the good financial situation, such as having reached KRW 130 million.

Nevertheless, the Defendant: (a) by deceiving the victim, and received cash 5 million won from the victim on the same day as the borrowed money; (b) from October 29, 2016, the Defendant acquired the total amount of KRW 46 million from the victim, including from October 29, 2016, a total of 14 times from the victim, such as the first list of crimes in attached Form 1.

2. On October 2014, the criminal defendant against the victim D, at the place specified in paragraph 1, to the victim D at the time of early October 2014, the defendant asked the victim D to provide a guarantee to write off the number of days. The defendant will pay a guarantee to the victim D within one month.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to repay money from another person under the victim's guarantee, because of the good financial situation, such as the personal debt amounting to KRW 130 million at the time.

Nevertheless, the defendant deceiving the victim as above and let the victim borrow 10 million won from the person who was in the name of the defendant on the same day, thereby obtaining a guarantee equivalent to the same amount of property benefits. From that time, the defendant acquired the financial benefits equivalent to KRW 10 million through three times in total, as shown in attached Table 2, from March 2015, and obtained a total of KRW 3.5 million from the damaged person, from March 2015.

[2018 Highest 54]

1. Fraud against the victim F.

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