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(영문) 대전지방법원 홍성지원 2015.11.18 2014고단524
사기등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2014 Highest 524]

1. Fraud;

A. A. Around August 11, 2008, the Defendant made a false statement to the effect that “A” for the victim’s “E” in the “E” operation of the Victim D located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul-gun, would be paid immediately if the victim borrowed KRW 5 million.”

However, the Defendant had a debt of KRW 8,964,90 to the New Card Co., Ltd., Samsung Card Co., Ltd., KRW 3,625,79, and KRW 2,82,081 to 10 credit card holders, and had a debt of KRW 136,380,00 in total. The Defendant had a debt of KRW 136,380,000 to 10 persons, including a debtor, etc., and paid approximately KRW 1.4 million as interest on the above debt and KRW 2 million in living expenses. On the other hand, the Defendant did not have any property other than the income of KRW 2,00,000 in each month, and there was no intention or ability to repay the amount even if the Defendant borrowed money from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received 5 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day and acquired it by deceiving the victim.

B. Around September 22, 2008, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 5,000,000 from the said “E” to the victim D, it would be paid immediately upon lending KRW 5,00,000 to the victim D.

However, since the defendant was liable for an excessive debt like the above paragraph (a), even if he borrowed money from the victim, he did not have an intention or ability to repay it.

Nevertheless, the Defendant, as above, by deceiving the victim, received 5 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day and acquired it by deceiving the victim.

C. The Defendant, around February 28, 2009, received money from the victim D in the above “E” to the effect that “I would immediately repay the victim with money from the party to which he/she has subscribed.”

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