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(영문) 대구지방법원 김천지원 2015.09.16 2015고단472
사기
Text

A defendant shall be punished by imprisonment for one year.

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

[2015 Highest 472]

1. On July 5, 2008, at the E-cafeteria operated by the Defendant on the part of the Gu-U.S. Si on July 5, 2008, the Defendant made a false statement to the victim F that “on the part of 5.5 million won, the Defendant borrowed the credit business that he/she would borrow and receive interest from another person, and thus, he/she would give 7-8 interest monthly and recover the principal and pay the principal.”

However, in 2008, the Defendant was a bad credit holder due to the overdue payment of credit card bills, etc., and borrowed money to other persons for credit business, but the cumulative amount of the loan did not have been recovered, and thus, even if the Defendant borrowed money to the victim, it was thought that the Defendant would pay the interest and the debt incurred during the lending of money, and there was no intention or ability to pay the debt as agreed.

Nevertheless, the Defendant, by deceiving the victim as such, received 5.5 million won from the victim to the account in the G name on the same day.

From that time until August 10, 2009, the Defendant, like the list of crimes (1) in the attached Form No. 1, deceiving six victims over a total of 18 times, and received a total of 9,8850,000 won from the victims, and acquired pecuniary benefits equivalent to 2,420,000 won.

Accordingly, the defendant, by deceiving victims, received property and acquired pecuniary benefits.

2. On March 2009, at the E restaurant operated by the Defendant, in the Gu-U.S. Si/Gu-si, the Defendant: (a) made a false statement to the victim F that “I will collect human resources and pay 100,000 won per month; and (b) receive numbers from 1 to 10,000 won per month; and (c) in the order of 10,000 won from 1 to 10,000 won.” (b) The Defendant made a false statement to the effect that “I will receive 20,000 won per month and pay 2,00,000 won per month.”

However, the defendant's delinquency in payment of credit card around 208.

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