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(영문) 대전지방법원 천안지원 2014.05.29 2014고단95
사기
Text

A defendant shall be punished by imprisonment for seven months.

except that 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

[2014Hun-Ba95] The Defendant was not in a conduct in daily daily amount per one by lending money to others, and even if receiving money from the victim, it was thought that it was used in light of horse, etc., and even if there was no real estate or movable property owned at the time and there was no certain monthly income, the Defendant did not have the intent or ability to pay the principal and interest to the victim.

1. 2012. 12. 말경 아산시 B 소재 피해자 C 운영의 D마트에서, 피해자에게 `내가 일수놀이를 하고 있는데 여윳돈이 있으면 나에게 달라, 그러면 이자를 10%씩 주겠다. 10일에 한 번씩 원금과 이자를 포함한 돈을 당신 통장에 입금시켜주겠다`라는 취지로 거짓말하여, 이에 속은 피해자로부터 2013. 2. 6.경 200만 원, 같은 달 25.경 80만 원, 같은 해

3.14.14.1480,000 won, and for the same year.

4. Around January 1, 200 won, KRW 990,00 won around February 2 of the same month, and KRW 4.80,00 won around March 3 of the same month, transferred to a new cooperation account (E) in the name of the defendant, by defrauding KRW 6,170,00 in total;

2. On February 2013, 2013, a police officer of the Republic of Korea: (a) stated that 8.7 million won should be paid as KRW 1.7 million after 100 days, and KRW 1.7 million should be paid as KRW 1.7 million to another person by putting 100 days and 1.74 million after 17.7 days after 100 days; and (b) stated that she shall be paid as KRW 1.7 million from the victim.

3.2. Around February, 1740, KRW 1740,00,00 around the 4th of the same month, KRW 1740,00 around the 7th of the same month, KRW 870,000 around the 8th of the same month, and KRW 870,000 around the 12th of the same month, were remitted to the above new union account.

3. The Defendant did not have any real or movable property or movable property at the time of fact, and did not have any intent or ability to pay the liquor value due to the absence of a certain monthly income, and even if he borrowed money from the victim, he did not have any intent or ability to repay it within a week;

(a) Around March 5, 2013, at the first point of the operation of the Victim H located in Asan-si, it would normally pay the alcohol value.

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