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(영문) 대구지방법원 2015.03.24 2014고단5349
사기등
Text

1. The defendant shall be punished by a fine of 15,00,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around March 12, 2014, the Defendant made a false statement to the victim E (the age of 43) in the Diplomatic Consultant Office in Daegu Suwon-gu Ctel 801, stating that “The Defendant would receive the down payment to dispose of the house which the current parent lives, and the amount paid as the down payment falls short of KRW 10 million, but the amount paid as the down payment falls short of KRW 10,000,000,000 if he/she borrowed KRW 10,000,000,000,000,000 won, including interest.”

However, there was no director of the parent of the defendant, and the defendant was in excess of his/her obligation, so even if he/she borrowed money from the victim, there was no intention or ability to pay the money to the victim.

The Defendant, as such, by deceiving the victim, received from the victim the remittance of KRW 10 million from the victim, namely, the money borrowed.

Around March 5, 2014, the Defendant called the victim F at a place where it is not known to him/her on or before March 5, 2014, and made a false statement to the effect that “I need to pay money. If B's intermediate payment is deposited within three hours, I borrowed KRW 5 million, which shall be repaid within three hours.”

However, in fact, there was no intermediate payment to be deposited with the Defendant, and the Defendant was in excess of the obligation at the time, so even if the Defendant borrowed money from the victim, there was no intention or ability to pay the money to the victim as agreed with the victim.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim on March 5, 2014 as the borrowed money around 19:30,000 from the victim.

On April 9, 2014, the Defendant: (a) around 22:00 on April 22, 2014, at the house located in the Daegu Suwon-gu G apartment 506 2006 dong G apartment; (b) the Defendant’s wife’s H (the age of 38) and financial issues are the victim’s h (the age of 38) and the victim’s h (the victim’s h) are suffering from a defect, and (c) the Defendant needs to receive approximately 14-day treatment for about 14 days on the part of the victim’s face with drinking and hand.

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