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(영문) 대구지방법원 2013.07.11 2013고단2421
사기
Text

Defendant

A Imprisonment with prison labor for a period of two and a half years, for a period of one year and nine months, and for a period of six months, each of the defendants C shall be punished by imprisonment for a period of six months.

(b).

Reasons

Punishment of the crime

Defendant

A and B are the friendship relationship, and the defendants are the relationship where they had gambling together.

1. Defendant A

A. On August 201, the Defendant made a false statement to the effect that “A victim H, who was on the part of the Defendant’s nursing staff, would pay a high interest rate of 5 percent per month if he/she lent money, and would repay the principal after two years.”

However, in fact, the Defendant was solely liable for liability such as hospital charges and gambling charges, and did not have any intent or ability to repay the money from the victim, even if there was no special revenue or property, and the amount of interest accrued in the future paid to the victim was also paid in the form of so-called “competing” by borrowing or deceiving the money from the victim under another name.

As above, the Defendant, by deceiving the victim, transferred KRW 5 million from the victim to the Daegu bank account under the name of the Defendant, and acquired KRW 9,250,000 in cash and acquired KRW 14,250,00 in total, from that time, by deceiving the victim as shown in the separate crime list (1) until January 17, 2012, and by deceiving the victim as shown in the separate crime list (1).

B. On June 13, 2012, the Defendant did not have any money to pay interest on a high rate to the victim any longer in the Defendant’s residence located in the Daegu-guJ, Daegu-gu, and the Defendant did not have any money to pay the victim interest on a high rate.

A false statement was made to the effect that, because it is difficult to continue to use the same method as the paragraph, “I will lend KRW 10 million to the victim for 120,000 won per day each day.”

However, the defendant 1-A is true.

For the same reason, even if the victim borrowed money from the victim, there was no intention or ability to repay it, and there was a plan to pay interest at a high rate to the victim by using the money borrowed or obtained by the victim additionally.

As above, the Defendant deceivings the victim, and thereby deceivings the victim, on June 13, 2012.

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