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(영문) 대구지방법원 2020.02.04 2019고단6095
사기
Text

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

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On March 10, 1995, the Defendant made a false statement to the victim at the branch of D bank Bola branch in Gwanak-gu, Seoul Special Metropolitan City, stating that “Ick’s son’s son’s son is under payment of five million won in D bank, and if Ick’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

However, in fact, the Defendant borrowed and used the bonds due to the payment of construction costs for interior decoration, etc. operated at the time, and even if the Defendant borrowed money from several persons to lend the above bonds, the Defendant did not have the intent or ability to repay the bonds even if he borrowed money from the victim.

The Defendant had the victim guarantee the Defendant’s debt amount of KRW 5 million against the Defendant’s D Bank, and did not pay the debt amount, thereby acquiring property profits equivalent to the amount of the debt amount.

B. On July 10, 1996, the Defendant stated that “The Defendant would borrow money from a bank and use it with a loan of KRW 10,000,000,000 from a bank and make a lump sum payment to the victim at the salary basin of the D Bank located in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “D Bank”) around July 10, 1996.”

However, in fact, the Defendant borrowed and used the bonds due to the payment of construction costs for interior decoration, etc. operated at the time, and even if the Defendant borrowed money from several persons to lend the above bonds, the Defendant did not have the intent or ability to repay the bonds even if he borrowed money from the victim.

The Defendant had the victim guaranteed the Defendant’s debt of KRW 10 million against the Defendant’s D Bank, and did not pay the Defendant’s debt, thereby acquiring financial benefits equivalent to the same amount.

2. The Defendant against the victim G is Seoul around September 1996.

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