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(영문) 대구지방법원 2017.06.29 2017고단1687
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 12, 2016, the Defendant acquired money by deception under the pretext of repayment of deposit deposit with the intent that “if the house tenant who leased money in the house is a director and the house tenant who is to pay the deposit to the lender is a director, he/she would pay the deposit immediately if he/she lends it to the tenant.”

However, the Defendant was expected to use other debts for the purpose of repaying, even if the Defendant did not borrow money from the beneficiary due to the absence of leased houses, and even if he borrowed money from the beneficiary, he did not have any intention or ability to repay the money even if he did not borrow money from the victim due to no particular income.

The Defendant, as such, by deceiving the victim, was delivered KRW 10 million in cash to the victim’s vehicle near the Fymdong-dong Saemaeul District of Daegu-dong, Daegu-dong on the same day from the victim, and continued to receive KRW 3 million in cash at the same place on July 13, 2016.

Accordingly, the defendant deceivings the victim and defrauds the total of KRW 13 million.

2. On October 7, 2016, the Defendant who acquired money from a nominal loan shall be deemed to have “a land owned in Yongcheon, which is located within Yongcheon, and intends to sell a fake land around the land.”

The reason behind lending money was that “to repay money after combining the land” was stated to the effect that “to repay money.”

However, even if the Defendant did not borrow money from the damaged party due to the lack of land owned by the Defendant, it was impossible to sell the land together with other land, and there was no intention or ability to change the land to the injured party.

The Defendant, by deceiving the victim as such, was transferred KRW 4.5 million to the Daegu Bank Account under the name of D on the same day and KRW 2.5 million to the Defendant’s Credit Union Account on the same day.

In addition, on October 14, 2016, the Defendant borrowed KRW 1 million since it is necessary to transfer the land in Yongcheoncheon-gu, and deceiving the victim, and the Defendant was remitted KRW 1 million from the damaged person to the above credit union account in the name of the Defendant.

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