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(영문) 대구지방법원 김천지원 2014.06.18 2013고단810
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On May 16, 2008, the Defendant was sentenced to imprisonment with prison labor and three years and six months for fraud at the Daegu District Court. On February 12, 2009, the Defendant was sentenced to imprisonment with prison labor for four months in the Ggu District Court's Family Branch for fraud and completed the execution of each of the above punishment on July 18, 201.

On September 13, 2012, the Defendant made a false statement to the victim C at the library of the Gu, Si, Gu, Dong, Dong, Dong, stating that “E, the vice president of the Gecheon-do Saemaul Depository, who is the vice president of the Kimcheon-do, is urgently required to pay KRW 10 million,00,000 per day, he/she shall pay it after two days.”

However, in fact, the defendant thought that he would borrow money from the victim and did not borrow money from the victim, using the portion of the Vice-President of the D Saemaul Depository, and he was liable to pay approximately KRW 100 million per month because he had to pay interest equivalent to KRW 2 million per month because he did not have any specific property at the time. Therefore, even if he borrowed money from the victim from the beginning, he did not have any intention or ability to pay it.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim via the Agricultural Cooperative Account in the name of E (Account NumberF) under the pretext of borrowing from the victim.

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

"2013 Highest 1452"

1. On September 10, 2012, at the victim G’s house located in Kimcheon-si, H apartment 306, the Defendant against the victim G made a false statement on September 15, 2012 that the victim would sell the vehicle to the victim who suffered from the defect that the victim needs to pay money, as the vehicle would have been sold again if the vehicle would have been sold again. The installment would have been repaid by the principal.”

However, at the time, the Defendant, while there is no particular asset, bears a debt equivalent to approximately 5-60 million won, and paid interest equivalent to about 3 million won every month, and it is difficult to manage the used cars directly operated under the name of the victim.

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