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(영문) 대구지방법원 서부지원 2020.07.22 2020고단1838
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[200 Highest 1838]

1. On March 16, 2019, the criminal defendant against the victim B made a false statement to the effect that “The victim B would have repaid money within 10 days from lending money,” by posting a phone to the victim B.

However, in fact, the Defendant did not have any intent or ability to repay the debt within 10 days, even if he borrowed money from the victim, given that the Defendant had been paying the debt with the so-called “overright” under the circumstances in which the obligation is excessive without any fixed income.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim’s account in the name of “C”, which is the seat of the Defendant, from the victim on the same day. From that time, until January 29, 2020, the Defendant received a total of KRW 9,550,000,000 from that time, in total, 11 times as indicated in the separate crime list.

2. On November 28, 2019, the Defendant made a false statement to the effect that “A large amount of money is needed to pay money to the victim D within 10 days from the lending of money.”

However, in fact, the Defendant did not have any intent or ability to repay the debt within 10 days, even if he borrowed money from the victim, given that the Defendant had been paying the debt with the so-called “overright” under the circumstances in which the obligation is excessive without any fixed income.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the account in the name of "C", which is the seat of the Defendant.

[200 Highest 1920]

1. Around March 5, 2019, the Defendant made a false statement to the effect that “Around March 5, 2019, the Defendant would have repaid money within ten (10) days from lending money to the victim E, who is a company partner, from “G,” where the Defendant was working for the Defendant F, Seongbuk-gun, Seongbuk-gun, the Defendant.”

(b).

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