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(영문) 대구지방법원 영덕지원 2017.01.11 2016고단255
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 3, 2012, the criminal defendant against the victim C made a false statement to the effect that “If the criminal defendant lends money to the victim, he/she would have been engaged in E-ro fishery having substantial preference to the criminal defendant, he/she will repay the money to the victim’s profit.”

However, in fact, the Defendant operated E and operated a fishery business, but E did not have the value of active property as it purchased after acquiring funds through succession to existing loans and new loans of their children, and the fishery using such loans did not obtain special profits due to accumulation of the enemy. Since the personal debt was 45 million won, there was no other intent or ability to repay the debt even if he borrowed money from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) from October 20, 2013 to October 20, 2013, the Defendant was issued a total of KRW 74 million on nine occasions, as shown in the attached Table 1 List of Crimes, from the date of the damage.

2. On March 14, 2014, the Defendant against the victim F made a false statement to the effect that “The Defendant would borrow money from the victim F to E-ro fishery that is substantially preferred to the Defendant and repay money with its profits.”

However, the Defendant did not have any intent or ability to repay money even if he borrowed money from the injured party, since the Defendant was engaged in fisheries even after borrowing the above money in excess of the obligation as stated in Paragraph 1.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) from the victim on December 24, 2015, the Defendant was issued a total of KRW 74 million over 16 times, as shown in the Attachment Table 2, from the time of the damage.

3. The defrauded of the Victim G is a victim, at the residence of the Defendant, located in the Hagjin-gun of North Korea, who was a police officer of the Republic of Korea on May 2015.

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