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(영문) 대구지방법원 2015.03.31 2015고단853
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On October 2, 2014, the Defendant was sentenced to six months of imprisonment for fraud in the Daegu District Court Port Branch Branch of the Daegu District Court on March 20, 2015, and the judgment became final and conclusive on March 20, 2015.

【Criminal Facts】

The Defendant had to pay the principal and interest equivalent to KRW 430 million from March 28, 1997 to December 2012, 201, and it was difficult for the Defendant to pay the principal and interest thereof. On March 31, 2014, the Daegu District Court did not have any intent or ability to pay the amount, even if it borrowed the amount from others, such as filing an application for bankruptcy and exemption due to a debt equivalent to KRW 620,000,000,000.

1. Fraud against victim D;

A. A. On November 1, 2008, the Defendant made a false statement to the victim D at the warehouse of a street cleaners's waiting room near the E-U.S., “I will pay money at the expenses of the A.S. Hospital. There is no money to pay a credit card use fee and a loan that is non-fluent to capital. There is no money to be repaid. If five million won is lent, 70,000 won shall be paid at the interest of each month, and the principal shall be repaid as retirement allowance received at the time when I are working as a street cleaners.”

However, the above facts did not have the intent or ability to repay the above money.

Around November 5, 2008, the Defendant, by deceiving the victim as such, received five million won as the borrowed money from the warehouse of the waiting room for the street cleaners around November 5, 2008.

B. On September 2009, the Defendant, at the warehouse of the above street cleaners, made a false statement to the victim as described in the above paragraph (a).

However, the above facts did not have the intent or ability to repay the above money.

Around September 4, 2009, the Defendant, by deceiving the victim as such, received five million won as the borrowed money from the warehouse of the waiting room for the street cleaners around September 4, 2009.

C. On June 10, 2010, the Defendant made a false statement to the victim in the warehouse of the above street cleaners' waiting room as described in the above paragraph (a).

However, the above money shall be repaid.

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