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(영문) 대전지방법원 2014.08.18 2013고단4771
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 7, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Daejeon District Court for fraud, and the judgment was finalized on November 15, 2013.

1. On November 12, 2012, the criminal defendant against the victim C made a false statement to the victim C at the 14 future E-branch offices of the 14th floor of the building in Seo-gu Daejeon Daejeon, Seo-gu, Daejeon, stating that “I would have to pay back with high interest within one week if I would lend money to the victim C promptly in need of business.”

However, there is about 30 million won of personal debt at the time, and the sum total of the unit price difference debts to the company incurred by supplying goods at a price lower than the ex-factory price to the customer as business employees of F is about 150 million won, and the debt continues to increase even if the defendant repaid the money by lending it at several places. Thus, even if the victim borrowed money from the victim, the defendant did not have any intent or ability to repay it immediately with the money from the defendant's property or monthly income at the time.

As such, the Defendant, by deceiving the victim and deceiving the victim on November 12, 2012, acquired 15 million won from the victim as the borrowed money, on November 13, 2012, 5 million won on November 13, 2012, and 30 million won on November 16, 2012.

2. Around November 19, 2012, the criminal defendant against the victim G made a false statement to the victim G at the (State) I office located in the Chungcheongbuk-gun, stating that “When a short-term amount is urgently needed, he/she will make a full payment within ten (10) days with high interest if he/she borrowed money.”

However, the defendant did not have the intention or ability to repay it within the due date for reasons such as the preceding paragraph.

As such, the Defendant, by deceiving the victim, received 12 million won from the victim as the borrowed money and acquired it by deceiving him.

3. On November 20, 2012, the Defendant against the victim J was guilty.

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