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(영문) 대구지방법원 김천지원 2017.11.23 2017고단804
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 17, 2014, the Defendant stated that “A victim C who was aware of the fact in the central market located in Pyeongtaek-dong, Seoul Special Metropolitan City through the introduction of a person, who borrowed KRW 15 million, will repay the monthly interest of KRW 10 million until March 2015.”

However, in fact, the Defendant had no ability to repay the debt borrowed from the number of days and financial rights, and the interest accrued therefrom is at least KRW 40 million per month, on condition that the Defendant paid high interest, while income was at least KRW 12 million per month to KRW 40 million, on the other hand, the Defendant did not have the ability to repay the debt even if he borrowed money from the damaged person on the condition that he paid high interest.

As such, the Defendant, by deceiving the victim, received 14 million won, excluding 1 million won as the interest, from the victim on the same day, as the loan, from the victim on the same day, by cash delivery.

2. On December 20, 2015, the Defendant stated that “If 25 million won is lent, monthly interest shall be KRW 2.5 million shall be paid up until March 21, 2016 to the victim D who became aware of through the introduction of the branch, the Defendant would repay the entire amount of the monthly interest to the victim D.”

However, in fact, the Defendant had no ability to repay the debt borrowed from C, etc. for the number of days and financial rights, and the interest accrued therefrom is at least KRW 50 million,00,000,000 per month. On the other hand, the income was merely KRW 300,000 or KRW 400,00 per month. As such, the Defendant did not have the ability to repay the debt even if she borrowed money from the damaged person on the condition of high interest as above.

On December 21, 2015, the Defendant, by deceiving the victim and deceiving the victim, received 1,922,00,000 won from the victim to the new bank account (E) of the Defendant, after deducting 5,780,000 won from the interest, etc. in advance from the victim as the borrowed money.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each prosecutor's office against the defendant;

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