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(영문) 대구지방법원 2019.07.23 2019고단1088
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

"2019 Highest 1088"

1. On August 2015, the Defendant, in spite of the fact that he did not perform his duty to repay his financial rights at around 200, by deceiving the victim with a high rate of interest on the part of the victim around August 2015 while she was able to engage in the business with a high rate of interest on the fixed land points operated by the victim B from around 2008, and was willing to borrow money in the name of the business fund, etc.

Around August 2015, the Defendant stated that “D” point operated by the victim in Daegu Dong-gu, Daegu-gu, that “D” point, “The Defendant would be a business of exporting the clothes to China along with the outer third village located in Seoul,” and the business funds are needed more. If the business funds are lent, the Defendant provided the interest of five parts per month and paid-in.”

However, the fact, without the plan to engage in the business of exporting clothes, was thought to use the money to repay the existing debts from the victim, and the revenue that was working at the restaurant without any particular property is difficult to cover with the cost of living, etc., so there was no intention or ability to pay the money in accordance with the promise even if it was borrowed money from the victim.

On August 19, 2015, the Defendant, by deceiving the victim as such, received 6 million won and one million won from the victim’s account in the name of the EF bank account from the victim, from that time, and received 230,387,000 won over 60 times in total under the name of business funds, such as the Chinese clothes export business, the payment of housing loans, etc., as shown in the attached crime list, from July 19, 2018.

2. The Defendant borrowed money from the victim as stated in the preceding paragraph, and used the F card or G card in the name of the victim, and was placed in a situation where it is impossible to pay the amount properly.

On January 1, 2017, the Defendant paid the credit card payment to the victim in lieu of the credit card payment in the name of the victim in the name of the victim.

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