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(영문) 대구지방법원 2016.12.01 2016고단2743
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On January 15, 2015, the Defendant was sentenced to imprisonment with prison labor and six months for fraud, etc. at the Daegu District Court on April 18, 2015 and the said judgment became final and conclusive on April 18, 2015.

1. On July 30, 2013, the Defendant made a false statement that “D” office operated by the Defendant in Daegu-gu, Daegu-gu, would lend KRW 35 million to the victim E as he/she would be in urgent use, giving KRW 1 million monthly interest, and pay by September 30, 2013.”

However, the defendant, without any particular income or property, thought that he would receive money from the victim to use it for the repayment of the debt incurred while running the credit business, and did not have the intent or ability to return the principal and interest to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 20 million in cash from the victim, and received KRW 15 million in the Daegu Bank Account in the name of Defendant East F.

2. On September 4, 2013, the Defendant made a false statement to the said victim at the above “D office,” stating that “The Defendant will pay KRW 12 million to the said victim by not later than September 30, 2013, along with the loaning KRW 35 million.”

However, the Defendant, without any particular income or property, was able to receive money from the victim and use it for the repayment of the obligation arising from the credit business with no property 2.30 million won. The benz passenger car offered as security to the victim was not clear whether the legal relationship of the vehicle is available to the victim as security because it is not clear whether the right relationship of the vehicle can be provided as security, and even if it was borrowed money from the victim due to uncertainty of the value of the security value, there was no intention or ability

As above, the Defendant deceivings the victim as above, and thereby, from the victim, to the Daegu Bank Account in the name of Defendant Dong F on the same day.

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