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(영문) 대구지방법원 2014.01.02 2013고단5310
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. [Attachment 2013 Highest 5310]

A. On August 201, 201, the Defendant, at the early police conference located in the Seocho-gu Seocho-gu, Daegu-gu, the Seocho-gu, Daegu-si, said that “The Defendant would immediately pay 100,000 won if 10,000 won is lent to the victim D.”

However, the defendant did not have any special occupation at the time, and even if he borrowed the above money from the victim with a loan equivalent to approximately KRW 1,234,000,000 to E, the defendant did not have any intention or ability to pay the above money.

The Defendant, by deceiving the victim as above, received KRW 100,000,000 from the victim on the same day, and KRW 100,000,000 from September 26, 201, from the Defendant as the Defendant’s passbook to the Defendant’s national bank.

B. On April 13, 2012, the Defendant: (a) called the victim at an unsound place on April 13, 2012; and (b) falsely read that “The Defendant called the victim at a sti bank with the approval of the loan of 12 million won; and (c) the loan cost necessary to obtain the loan is required; and (d) the loan will be repaid immediately with the loan borrowed.”

However, the Defendant did not have any intention or ability to repay the said money even if he/she borrowed the said money.

As above, the Defendant, by deceiving the victim as above, received KRW 300,000 from the victim on April 13, 2012, KRW 2.2 million on April 15, 2012, KRW 1 million on April 18, 2012, and KRW 1 million on April 30, 2012, and KRW 3.6 million on April 30, 2012, from the Defendant to the head of the Tong bank.

C. On May 2012, 2012, the Defendant concluded that “The Defendant would acquire G from the G commercial building that was operated by the victim in the Seocho-gu, Daegu-gu, Daegu-si, and that “The Defendant would take over the G from the KRW 45 million total of the facility cost of the right to KRW 5 million to the KRW 5 million.”

However, in fact, the defendant has no special asset at the time, and 45 million won is prepared for the acquisition price of G.

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