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(영문) 대구지방법원 2019.05.16 2018고단5263
사기
Text

A defendant shall be punished by imprisonment for six 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 November 5, 2017, the Defendant made a false statement to the effect that “D” entertainment tavern operated by the victim C in Daegu Suwon-gu, on November 5, 2017, the Defendant leased KRW 20 million to the victim three cars, such as the E LAwawa, FLD car, and G body-wide car, as security. The Defendant sold the said cars within one month, and repaid the principal amount of KRW 20 million and interest of KRW 8%.”

However, in fact, the defendant did not have any right to provide the above vehicle as a security, and was not able to provide funds by selling it as security. Since the defendant had a debt of KRW 00 million at the time repaid his debt in a way of returning money continuously from the surrounding persons, there was no intention or ability to pay the debt even if he borrowed money from the victim.

On the same day, the Defendant received 13 million won from the victim under the name of Hbank (I) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. Around November 19, 2017, around November 19, 2017, the Defendant made a false statement to the effect that “A” in the said “D” entertainment tavern to the effect that “A victim would receive a refund of KRW 18 million for an additional tax refund at the end of the following month.” As such, the Defendant borrowed KRW 10 million to the victim at the end of the following month; along with the principal, he/she will pay interest of KRW 8% per month.”

However, the defendant did not have the intention or ability to repay the debt even if he borrowed money from the victim because he had the debt of KRW 00 million at the time and has repaid the debt in a way that he has continued to lend money from the surrounding persons.

The Defendant received KRW 9.2 million from the victim to the above H Bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

3. On January 31, 2018, the Defendant committed the crime in the said “D” entertainment tavern around January 30, 2018.

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