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(영문) 대구지방법원 의성지원 2018.08.23 2018고단84
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay compensation to the applicant KRW 142,838,341 and from July 12, 2018.

Reasons

Punishment of the crime

On April 6, 2017, the Defendant was sentenced to three years of imprisonment for a crime of fraud at the Changwon District Court on September 8, 2017, and the judgment became final and conclusive on September 8, 2017. On September 13, 2017, the Defendant was sentenced to two months of imprisonment for the same crime in the same court, and the judgment became final and conclusive on September 21, 2017.

On January 2014, the Defendant, while entering a restaurant “D” restaurant operated by the first victim B, misrepresented himself as the NIS E origin and caused the victim’s hoscence to the victim. As such, the Defendant was willing to borrow money from the victim to use the money as repayment of existing debts, living expenses, etc.

1. On November 7, 2014, the defrauded made a false statement to the effect that “The Defendant would pay interest to attract corporate investment funds to the victim, and receive and return money within one month from the lending of money.”

However, in fact, the Defendant was thought to use the money borrowed from the injured party as an existing debt repayment or living expenses, and the Defendant was liable for a total of KRW 2 billion with respect to various projects that he was promoting, and there was no profit from the progress of the business, and there was no intention or ability to repay the money even if he borrowed money from the injured party.

The Defendant received KRW 75 million from the victim’s new bank account in the name of F Co., Ltd. on the same day, and received KRW 112,340,000 in total over 16 times from September 30, 2014 to June 16, 2016 by the same method as in the list of crimes in attached Form 16.

2. On March 2, 2015, the Defendant entered into a false statement to the effect that, even if he/she borrowed money from the injured party, he/she did not have any intent or ability to repay the money, the Defendant would immediately repay the money if he/she borrowed money with a credit card loan theory with a tax, an operating equipment, etc.

The defendant shall be the same day from the injured party.

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