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(영문) 대구지방법원 서부지원 2018.09.19 2018고단313
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On July 31, 2017, the Defendant made a false statement to the effect that the Defendant would lend money to the victim D at least KRW 5,700,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, in fact, the Defendant had no special property, and had already been unable to repay the amount of KRW 20 million to others. Since the above multiple accounts are not good, it was insufficient to pay the living expenses or the interest on the existing debt due to the lack of the above multiple accounts, there was no intention or ability to repay the above in a timely manner even if he borrowed money from the victim.

Nevertheless, the defendant, by deceiving the victim, obtained cash 5.7 million won from the victim in the name of the same day as the loan money from the victim.

2. On October 2, 2017, around October 2, 2017, the Defendant made a false statement to the effect that “If the Defendant borrowed 4,500,000 won to pay the said amount urgently, the Defendant would have to pay the said amount back to 1,20,000 won per month, including 5,700,000 won already borrowed money.”

However, the Defendant did not have any special property, and was unable to repay not only KRW 5.7 million borrowed from the damaged person, but also KRW 20 million borrowed from the other person. The Defendant did not have any profit due to the lack of good operational status. Therefore, even if the Defendant borrowed money from the damaged person, there was no intention or ability to repay it in a timely manner.

Nevertheless, the defendant, by deceiving the victim, received 4.5 million won from the victim to the E account in the name of the defendant as the borrowed money on the same day.

3. On October 18, 2017, the Defendant made a false statement to the effect that “If the Defendant lends 1.8 million won to the said victim in need of the money, it would have to pay 12 million won including previously borrowed money,” by telephone around October 18, 2017.

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