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(영문) 대구지방법원 김천지원 2018.04.05 2017고단1476
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 2015, the Defendant against the victim C is expected to complete payment until December 2015, 2015, if he/she borrowed a loan to the victim C by asking the phone from the Non-Sinsi-si, Chungcheongnam-si.

“A false representation was made.”

However, in fact, since the mother of the defendant did not have undergone surgery and the defendant did not have been in excess of his/her obligation, even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the money to the victim.

Around August 13, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 2.8 million from the victim to the Defendant Agricultural Cooperative’s account in the name of her mother’s surgery expenses; and (c) received money totaling KRW 46.7 million from that time to December 24, 2015, from that time, to December 24, 2015, including the Defendant’s agricultural bank account in the name of the Defendant and the bank account totaling KRW 24 million.

2. The criminal defendant against the victim D may borrow money at a low interest rate when she calls from the victim D to the victim D on November 2015, 2015, because he/she is able to borrow money from the victim D at a low interest rate when he/she is able to obtain a loan from his/her relative and her relative is working at the bank.

“A false representation was made.”

However, in fact, since the family-friendly relationship of the defendant did not have worked in the bank and the defendant did not have any obligation, even if he borrowed money from the victim, he did not have any intent or ability to repay the borrowed money with debt repayment, living expenses, Internet gambling expenses, etc.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 9 million from the victim to the Agricultural Cooperative Account under the name of the Defendant for the loan from November 5, 2015; and (c) thereafter, from that time on November 10, 2015.

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