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(영문) 대구지방법원 경주지원 2018.10.04 2018고단338
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Ulsan District Court on February 5, 2015, and completed the execution of the sentence in the racing prison on December 4, 2015.

[Criminal Facts]

1. On August 5, 2017, the Defendant: (a) at C’s office located in Ulsan-gu, Ulsan-gu; (b) the victim D prepared for the E Game Business; and (c) the cost of purchasing computers is required to commence the business.

When lending money, 200,000 won shall be paid for each month, and the principal shall be repaid after two months.

It can be repaid even if there is a problem in the F building deposit of 20 million won which is currently residing in the Republic of Korea.

The phrase “ makes a false statement.”

However, in fact, the Defendant was thought to use the money borrowed from the injured party for the repayment of the existing obligation, not for the operation of game room, and the F building was leased by G other than the Defendant, and the Defendant did not have any right to deposit. Even if the Defendant borrowed money from the injured party due to the absence of certain income or property at the time, there was no intention or ability to pay the money normally on the date of promise.

Nevertheless, the Defendant, as seen above, was transferred from the injured party on August 5, 2017 to the H bank account (I) in the name of G in the name of KRW 3 million on or around August 7, 2017, and KRW 20 million on or around August 7, 2017.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 16, 2017, the Defendant leased KRW 15 million to the victim L, who is located in the Nam-guJ of Ulsan-gu, Ulsan-gu, Seoul-do, for the purpose of providing the victim with the vehicle as security within the mother’s name. The vehicle transfer document will be fluent if the date on which the vehicle transfer document is disclosed.

The phrase “ makes a false statement.”

However, it is true that the child-friendly vehicle was a vehicle registered in the name of the mother of the woman-friendly Gu M, not the defendant, and the defendant has no authority to transfer the vehicle to the victim because he did not have the right to do so.

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