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(영문) 대구지방법원 2018.10.30 2017고단5390
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On December 17, 2014, the Defendant, who was working as a lending broker, was willing to obtain a loan under the name of the victim B and obtain the loan by means of raising the credit card limit on the face of a credit card and a mobile phone to the victim B on December 2, 2014.

In other words, after receiving five credit cards from the injured party, the victim arranged to obtain a total of 40 million won from six lending companies such as C banks and D around December 17, 2014.

The Defendant, at the same day, was a situation in which the original loan was difficult, and became a loan to the said victim B at the mutual infinite coffee shop located in Daegu Northern-gu.

It is necessary to pay 50,000,000 won as the money is urgently needed at present, and 3 million won as interest shall be paid in two months.

“A false statement was made to the effect that it was “.”

However, in fact, the defendant was thought that he received money from the victim and received it, and did not have any occupation or income at the time, so there was no intention or ability to repay the above money to the victim within two months.

The Defendant: (a) by deceiving the victim as above; (b) received cash 36 million won from the victim under the name of the victim; (c) received cash cards from the victim; and (d) withdrawn 14 million won in cash from the victim.

Accordingly, the Defendant received property worth KRW 50 million in total from the injured party.

2. On March 14, 2015, the Defendant: (a) around March 10, 2015, the Defendant concluded that, “Around March 10, 2015, the Defendant would sell to the Defendant a car going to the Defendant due to the loan of KRW 50 million; (b) the Defendant sold the vehicle owned by the victim and then acquired the proceeds by fraud; and (c) the victim would be aware of the place where the payment can be sold at a high price for the vehicle.”

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