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(영문) 대구지방법원 2016.08.12 2015고단4120
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 2014, the Defendant made a false statement to the effect that, even if he/she did not have any loan by filing an application, and even if he/she borrowed money from another person without any particular property or income, he/she did not have any intent or ability to repay it, he/she shall not make a payment. However, he/she shall make a false statement to the effect that “if he/she is expected to make a marriage with D immediately, and if he/she lends money because he/she needs to make a down payment, he/she shall receive the said money and loan from the injured party, he/she shall receive the said money, and he/she shall immediately make a payment,” and that it does not interfere with the Defendant’s exercise of his/her right to defense as stated in the indictment as above. However, it does not mean that the Defendant’s additional remittance of KRW 100,000,000 from the injured party without having gone through the aforementioned procedure, and it does not interfere with the Defendant’s exercise of his/her right to defense as stated in the indictment.”

B was remitted to the Defendant’s account.

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

2. On April 2014, the Defendant was aware of the fact that the Defendant intended to sell the said vehicle by the victim’s damage to the EM7 vehicle in Daegu (Seoul) around April 2014, the Defendant made a false statement to the effect that, even if the Defendant purchased the said vehicle from the injured party, the Defendant would not have any intent or ability to pay the price, but would have repaid the vehicle to the victim for seven months each month, with the intention to sell the vehicle at KRW 7 million. As such, the Defendant would have repaid the vehicle at KRW 1,00,000,000 per month. Accordingly, the said vehicle was dried from the injured party on April 10, 2014.

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

3. On May 2014, the Defendant’s fraud: (a) was described in paragraph (1) in French land below Daegu on May 2014; and (b) in paragraph (1).

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