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(영문) 대구지방법원 안동지원 2018.02.09 2017고단434
사기
Text

1. The punishment of the accused shall be one year;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

1. On January 11, 2015, the criminal defendant against the victim C told the victim of E E E E E E E E, which is located in Ansan-si, Andong-si, stating that “The principal will be repaid up to January 11, 2016 with the interest of 8% per week on the loan of 10 million won and the principal will be repaid by January 11, 2016.”

However, at the time, the Defendant was thought to use the borrowed money by using a tentatively named “return prohibition,” such as repayment of interest on another person’s debt or repayment of interest on the borrowed money from the victim due to a large amount of personal debt, and even if the amount to be paid as interest exceeds the amount to be paid, there was no intention or ability to repay it from the victim.

The Defendant received KRW 9,200,000 from the injured party to the Agricultural Cooperative (F) account under the name of the Defendant, as well as transferred KRW 106,40,000 in total nine times from the above day to October 24, 2016, as shown in attached Table (1) of the Crime List (1).

2. On November 3, 2015, the criminal defendant against the victim G calls to the victim at an unspecified place and pays 8% interest per month when he/she lends 20 million won to the victim.

The principal stated that the principal shall be returned only two months prior to the withdrawal, and the repayment shall be made.

However, at the time, the Defendant was thought to use the borrowed money by using a tentatively named “return prohibition,” such as repayment of interest on another person’s debt or repayment of interest on the borrowed money from the victim due to a large amount of personal debt, and even if the amount to be paid as interest exceeds the amount to be paid, there was no intention or ability to repay it from the victim.

The Defendant received KRW 18,40,000 from the injured party on the same day to the Agricultural Cooperative Account (F) under the name of the Defendant, and received KRW 259,209,000 in total over 45 times from the above day to March 18, 2017, as shown in the attached list of crimes (2).

3. The victim H.

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