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(영문) 대구지방법원 포항지원 2017.07.05 2017고단454
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 454"

1. On September 30, 2013, the Defendant: (a) stated that “Around September 30, 2013, the Defendant loaned money to the victim D, which needs living expenses; (b) on September 30, 2013, the husband would make payment due to the Plaintiff’s her husband’s transfer of money to the victim D; and (c) on New Year’s Day, the husband would make payment due to the Plaintiff’s transfer of money.”

However, in fact, the defendant had no intention or ability to make a change as agreed to the victim even if he/she borrowed money from the victim because the management of the clothing that he/she operated at the time has deteriorated and was in a state of fitness, and he/she was unable to repay his/her personal debt such as bonds.

As such, the Defendant, by deceiving the victim, received 2 million won from the victim to the NongHyup Bank account (E) in the name of the Defendant on the same day.

2. On May 2014, the Defendant committed a crime in the middle of the police officer on May 2014, the Defendant stated that the Defendant would immediately repay the said victim’s money within the scope of 3.05 of the above C lendingra 205 to the police officer, stating that the Defendant would lend money to the said victim for living expenses, and that there would be money if the Defendant subscribed to the fraternity, and that there would be money for settlement of accounts even with the husband’s company on July 201.

However, at the time, the Defendant was in the state of the enemy and was unable to repay his/her personal debt, so even if he/she borrowed money from the injured party, he/she did not have an intention or ability to change it as promised to the injured party.

On May 20, 2014, the Defendant: (a) by deceiving the victim; (b) obtained transfer of KRW 2.1 million to the said Nonghyup Bank account under the name of the Defendant on May 20, 2014; (c) around May 21, 2014, KRW 2.9 million to the Defendant’s husband’s husband F Bank account; and (d) around July 21, 2014, KRW 3 million to the said Suhyup Bank account.

"2017 Highest 522"

1. Fraud against the victim G;

A. On September 5, 2014, the Defendant found in the House of Victim G, a neighbor located in H, Jeju-si, and paid the money to another person.

2.7 million won.

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