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(영문) 대구지방법원 2019.05.02 2018고단5538
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From October 2015, the Defendant had been engaged in a cargo transport-related partnership with the victim B from Sejong City.

1. On March 2016, the Defendant made a false statement to the victim that “The Defendant shall pay the cargo vehicle installments, which requires money, and at the time of making a head of a Maspbook in four names and making it possible to pay the amount when using the head of the Maspbook and making it difficult.”

However, the fact is a bad credit standing, and there was no intention or ability to repay it even if it borrowed money from the victim due to no particular income.

As above, the defendant deceivings the victim, and is in the same manner against the victim.

4.7. Around July, 200, at the end of the Seoul Cooperative located in Gwangju Metropolitan City (hereinafter referred to as "Seoul Metropolitan City"), the victim's horsebook (E) was issued in the name of the victim and acquired it by fraud.

2. The Defendant called the victim at the end of July 2016 and made a false statement to the effect that “Any money is needed, and any money is borrowed only once upon request.”

However, the fact is a bad credit standing, and there was no intention or ability to repay it even if it borrowed money from the victim due to no particular income.

As above, the defendant deceivings the victim, and is in the same manner against the victim.

8. Around October, 100, a person obtained a passbook (G) in the name of the victim who deposited 40 million won in front of the Credit Guarantee Foundation located in Pyeongtaek-si (hereinafter referred to as the “Credit Guarantee Foundation”).

3. On February 2, 2017, the Defendant called the victim on the date unclaimed, and made a false statement to the effect that “The Defendant was unable to pay the vehicle installments and the oil value by failing to work in the next month,” and that the Defendant borrowed money.”

However, the fact is a bad credit standing, and there was no intention or ability to repay it even if it borrowed money from the victim due to no particular income.

The Defendant, by deceiving the victim as above, received eight million won from the victim to the Hbank Account (I) in the name of the Defendant on the 27th day of the same month, and acquired it by deception.

Summary of Evidence

1.

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