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(영문) 대전지방법원 2014.08.14 2013고단2873
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On November 14, 2008, the Defendant conspireds with C in a joint living relationship with the Defendant, and received KRW 2 million from the said Agricultural Cooperative account in the name of the Defendant on November 16, 2009 to the said Agricultural Cooperative account on the following: (a) the victim known as the motive window for high school and talked to “if there is any shortage of deposit to loan money to use G in order to do so at Daejeon, there is a shortage of deposit money; and (b) the Defendant transferred KRW 30 million to the one bank account in the name of the Defendant on November 14, 2008; and (c) around January 12, 2009, transferred KRW 2 million to the said Agricultural Cooperative account in the name of the Defendant on January 16, 2009.

However, at the time, the Defendant had a debt amounting to KRW 29 million, on the other hand, while the Defendant did not have any balance in the Defendant’s bank account and did not have any intent or ability to repay the debt to the Defendant even if he borrowed money to operate the Kaf in cash only with the victim’s funds, and there was no money to do so.

In addition, the amount equivalent to the money received from the victim was used as the office rent of the "H" company, such as the defendant's payment of the existing debt of the Han Bank Mypbook, the payment of the defendant's personal insurance premium, the payment of interest on the existing agricultural cooperatives and Hyundai Capital Loans, and the advertisement complex where the defendant had been operated separately.

Accordingly, the defendant, in collusion with C, deceiving the victim and obtained a total of KRW 41 million from the victim, thereby deceiving the victim.

2. The Defendant, in collusion with C on January 18, 2009, did not complete the construction work on the part of the victim E, with the knowledge that the victim was holding an apartment in the ceiling, even though he knew that the victim was holding the apartment in the ceiling.

It is impossible to repay the borrowed money if the car business is wrong.

Security is secured on very good condition that there is a person who is well aware of the union.

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