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(영문) 대구지방법원 포항지원 2015.08.27 2015고단245 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 24, 2014, the Defendant is an elementary school under the victim B’s title holder as the offender.

On January 24, 2014, the Defendant was transferred 8.44 million won to the deposit account in the name of the Defendant’s name on January 24, 2014, from the victim who believed that he/she would be able to make a payment for the materials to the customer. If he/she fails to resolve the payment for the materials to the customer, he/she shall sell even his/her body. If he/she borrowed money, he/she shall pay interest for the two months, and he/she shall make a payment for each one million won per month thereafter.”

However, even if the Defendant received money, the Defendant did not have any intention to use all of the material cost as the material cost, and at the time, the Defendant had a loan obligation of approximately KRW 25 million, KRW 25 million, KRW 18 million, KRW 18 million, and KRW 18 million, and there was no particular property, nor did the Defendant have any intention or ability to pay the debt as agreed upon by the victim, even if he did not receive any specific profit or profit, even if he did not pay for the existing debt, and even if he did not receive any profit, he did not have any intention or ability to pay the debt.

Accordingly, the defendant deceivings the victim and received 8.44 million won.

2. On January 28, 2014, the Defendant used the money as described in paragraph (1) to borrow, and received money from the victim who believed that “F” restaurant located in Nam-gu, Nam-gu, Nam-gu, Seoul Special Metropolitan City on January 28, 2014, stating that “F will receive letters from the number of trees because the purchase price of materials is sealed. If the Defendant borrowed money to solve this, he/she will complete payment until March 25, 2014,” and received money from the victim who believed that the horses would have been remitted KRW 4 million to the deposit account of the community credit cooperative on January 28, 2014.

However, the Defendant did not have any intent or ability to repay the money for the same reason as the Defendant promised to pay the money.

Accordingly, the defendant was delivered 4 million won by deceiving the victim.

3. March 5, 2014

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