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(영문) 대구지방법원 서부지원 2019.09.19 2018고정605
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 29, 2016, the Defendant promised from the victim B to work as an entertainment receptionist in the C entertainment tavern operated by the victim, and received 7.2 million won from the Defendant’s bank account (E) under the name of advance payment.

1. On December 5, 2016, the Defendant committed the crime of December 5, 2016, at the C entertainment tavern operated by the said victim F, made a false statement to the effect that “The Defendant was unable to withdraw money because the head of the Tong who received a remittance of KRW 7.2 million was suspended from payment due to the delinquency in income loans.” The Defendant borrowed KRW 5.5 million more than 5 million. By January 2017, the Defendant made a false statement to the effect that “The Defendant would make a lump sum repayment of KRW 7.2 million by adding up to KRW 7.2 million.”

However, there was no fact that the passbook passbook was suspended from payment under the name of the defendant, and the defendant used 7.2 million won for all other debt repayment and living expenses from the victim around November 29, 2016. Since there were many personal debt, such as the prepaid payment, etc. borrowed from other 7.2 million won, there was no intention or ability to repay it even if she borrowed money from the victim.

On December 6, 2016, the Defendant, by deceiving the victim, received 5,500,000 won from a bank account under the above Defendant’s name as a loan borrowed money, and acquired it by fraud.

2. On December 2016, 2016, the Defendant: (a) lent KRW 1,00,000,000,000 to the Defendant, at the place specified in paragraph (1) in December 2016, to the effect that she would not believe to the Defendant, while speaking for the same purpose as that specified in paragraph (1) to the Defendant.

On January 2017, the repayment will be made in a lump sum by January 2, 2017.

The purpose was to make a false statement to the effect that "...."

However, the defendant did not have any intention or ability to repay the above even if he borrowed the money from the victim as stated in paragraph (1).

As such, the Defendant, by deceiving the victim, received a cash of one million won from the victim for the same day as the loan money, and acquired it by fraud.

(i) the evidence;

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