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(영문) 대구지방법원 김천지원 2015.05.27 2015고단217
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2015 Highest 217]

1. Around January 5, 2009, the criminal defendant against the victim C made a false statement to the victim C that he/she would repay the amount of money to the victim C when he/she took part in the E office located in Gumi-si, Gumi, si, as he/she was F.

However, there was no intention or ability to repay the money even if the money was borrowed from the victim, because the defendant misrepresented the name of F in order to conceal the fact that the money was distributed by fraud, etc., and thought that the money borrowed from the victim was used for living expenses, hospital expenses, etc.

The Defendant received KRW 8 million on January 13, 2009, including the Defendant received KRW 8 million on the same day from the victim as the borrowed money, and received KRW 35 million on the aggregate, respectively.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against victim G;

A. On July 20, 2009, the Defendant made a false statement that the victim G would lend the purchase fund to the her company while carrying out the work as if she was F. In addition, the Defendant added to the Gandong-gun in the Gandong-gun.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant received 4.5 million won on the same day as the loan money from the victim.

Accordingly, the defendant was given property by deceiving the victim.

B. Around August 17, 2009, the Defendant, at the above E office, made a false statement that he/she would have to repay money to the victim because he/she is in need of an urgent amount of money when he/she committed as if he/she was F.

However, the defendant was at the time of credit in bad faith and was responsible for personal debt, and all the revenue was used as living expenses and hospital expenses, etc., and therefore the amount from the victim is money.

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