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(영문) 대구지방법원 2016.12.16 2016고단1225
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2013, the criminal defendant against the victim B made a false statement to the victim B at the D cafeteria operated by the defendant in Daegu Northern-gu, Daegu, that the victim B would receive 10% interest by lending money to the victim B in advance.

However, as the defendant tried to use money to E for other purposes, the defendant did not have the intention or ability to repay the principal and interest even if he received money from the victim.

As above, the Defendant, by deceiving the victim as above, received a total of seven million won from October 17, 2013 to June 2014 from the victim to the police officer in cash.

2. On December 2013, 2013, the Defendant made a false statement to the Victim F by phone call to the Victim F, stating, “I will receive interest at a rate of 0.5% by lending money to the son if I would receive money.”

However, as the defendant tried to use money to E for other purposes, the defendant did not have the intention or ability to repay the principal and interest even if he received money from the victim.

As above, the Defendant, by deceiving the victim and deceiving him/her from the victim on December 12, 2013, KRW 1 million, KRW 27 million on July 22, 2014, KRW 200,000 on September 3, 2014, KRW 3 million on December 23, 2014, and KRW 8.7 million on a total amount of money, were remitted by the victim.

3. On September 2014, the criminal defendant against the victim G made a false statement to the victim G by phoneing him/her to the police officer at early 2014, stating, “I would have to receive interest to a maximum of 10 percent by lending money to the branch officer who wants to receive money.”

However, as the defendant tried to use money to E for other purposes, the defendant did not have the intention or ability to repay the principal and interest even if he received money from the victim.

As above, the Defendant deceivings the victim as above, and thereby, KRW 90,000,00 from the victim around September 12, 2014, KRW 100,000 around October 17 of the same year.

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