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(영문) 대구지방법원 2015.08.11 2014고단6315
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, “2014 Highest 6315”, around the time of borrowing money from the victims, had a debt of KRW 130 million including bonds, and the monthly income was KRW 8.5 million, such as receiving living expenses from the victims. However, the said debt was in a situation where the principal and interest on the said debt were to be paid in one million won per month, and the said debt was repaid in the form of “irreshing” by borrowing money from the surrounding persons, and thus there was no intention or ability to repay the debt even if he/she borrowed money from the victims.

1. On December 19, 2012, the Defendant made a false statement to the effect that “If he/she lends the money to be used as business funds of the husband F of the Dong E to the victim D, he/she shall pay the two-monthly interest per month and shall pay the principal for one to two months.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the G account under the pretext of borrowing money from the victim, and received transfer of KRW 2 million from around that time to January 2013, and acquired financial gains or pecuniary gains in total amount of KRW 8,466,00,000 from around seven times, as shown in the List of Offenses (1).

2. On August 28, 2011, the Defendant made a false statement that “The Defendant borrowed money from the purchase of an individual taxi in South and North Korea, but he/she shall pay the money.” On the one month, the Defendant made two payment of interest and the principal would be paid immediately if he/she talks about only one month before the principal is paid.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received 15 million won in cash from the victim under the pretext of borrowing money, and from around that time to July 22, 2013, is attached Table of crime list (2).

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