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(영문) 대구지방법원 2015.02.26 2015고단44
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 December 2, 2013, around December 2, 2013, the Defendant made a false statement to the effect that “A victim B shall pay interest at KRW 300,000 per month and make a repayment four months thereafter, if the Defendant borrowed 10,000,000,000 from the front of the citizen center in Tae-gu, Daegu-gu, Seoul-gu, to the effect that “The Defendant would have paid her child-friendly interest, if he/she is required to do so.”

However, in fact, the above money was thought to be used by the defendant for the repayment of other obligations that the defendant had already been bearing, and there was no intent to make an investment in his relative. Since the above money was bad credit to the extent that it was impossible to open a passbook under the name of the defendant at the time, there was no intention or ability to repay it even if it was borrowed from the victim

As above, the Defendant deceptioned the victim, and was transferred from the victim to the Daegu Bank Account (D) in the name of the Defendant, as designated by the Defendant, KRW 10 million.

2. On January 12, 2014, around January 12, 2014, the Defendant made a false statement to the effect that “Around January 12, 2014, the Defendant by phone to the victim B, “In order to obtain a loan of KRW 10 million prior to the loan, he/she shall prevent the current card payment. If he/she loans KRW 3 million, he/she will have to receive a loan and make a repayment to the money prior to the loan.”

However, in fact, the above money was thought to be used by the defendant for the repayment of other debts that the defendant had already been bearing, and there was no intention to receive the loan after resolving the card price. Since the above money was in bad condition, it was difficult to open a passbook under the name of the defendant at the time, there was no intention or ability to repay it even if it was borrowed from the victim.

As above, the Defendant deceivings the victim as above, and was transferred KRW 700,000 to the account under C’s name designated by the Defendant on the same day from the victim, and KRW 2.3 million to the account under C’s name on the 14th of the same month.

3. On or around March 19, 2014, the Defendant by telephone to the victim B on or around March 19, 2014, and “on or around March 19, 2010, the Defendant borrowed KRW 10 million from the victim B.

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