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(영문) 대구지방법원 2018.10.30 2018고단1545
사기
Text

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

Reasons

Punishment of the crime

On September 26, 2016, the Defendant made a false statement to the victim E using a mobile phone to the DKa Center located in Daegu-gu Dong-gu, Daegu-gu, stating that “The Defendant will pay interest of KRW 500,000 won per month on the face of the lending of money, and pay by January 13, 2017.”

However, at that time, the Defendant did not have any intent or ability to change the credit card payment amount as promised, even if he did not have any property and borrowed money from the damaged party because he did not have any property.

Nevertheless, the Defendant, as seen above, received KRW 5 million from the injured party to the account (F) in the name of the Defendant on the same day as the loan money from the injured party, and received KRW 29.5 million in total from the injured party on seven occasions from April 6, 2017, such as the list of crimes in the attached list of crimes, from the time to April 6, 2017.

The defendant of "2018 Highest 3834" has professional and economic ability as a representative operating a carba at the I coffee shop operated by the victim H located in Daegu-gu, Daegu-gu on March 26, 2017.

It is necessary to lend KRW 10 million to 2-3 months for a week.

The phrase “the phrase was false.”

However, the Defendant was unable to repay the loan equivalent to KRW 80 million in total with financial rights and bonds at the time, and the car center operated around that time has no choice but to close the business by accumulating the deficit, and thus there was no intention or ability to change the lending of money from the injured party as agreed.

Nevertheless, the defendant deceivings the victim as above and is given KRW 10 million to the victim for the same day on the same day, and around May 2017, the defendant is well paid the money.

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