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(영문) 대구지방법원 2013.10.24 2013고단4300
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On April 27, 2011, around April 1, 2011, the Defendant made a false statement to the victim D, stating, “The Defendant would pay 1% interest per month and redeem the principal two years later.”

However, even if the defendant borrowed money from the victim, he did not have the intent and ability to repay the above money, and even if he borrowed money from the victim, he tried to use the above money to repay the defendant's obligation, not to the business funds of South and North Korean students.

The Defendant received from the victim KRW 27 million on the 27th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 30, 201, around November 10, 2011, the Defendant made a false statement to the effect that “Around November 30, 2011, the Defendant would pay money to operate a business with a large number of male and female residents. If a loan is made, 1% interest per month shall be paid, and the principal shall be repaid after two years.”

However, even if the defendant borrowed money from the victim, he did not have the intent and ability to repay the above money, and even if he borrowed money from the victim, he tried to use the said money as the defendant's restaurant operation fund, not the business fund of South and North Korean students.

The Defendant received KRW 10 million from the victim on the 30th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

3. Around August 22, 2012, the defrauded made a false statement that “Around August 20, 2012, the Defendant would pay off money to the victim individually, with the victim’s phone called at around August 20, 2012.”

However, even if the defendant borrows money from the victim, the defendant did not have the intent and ability to pay the above money.

The Defendant received KRW 5 million from the victim on the 22th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant;

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