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(영문) 대구지방법원 2016.09.29 2016고단1279
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On November 27, 2009, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the official accounting justice by the Seoul Northern District Court, and was released by the decision of revocation of detention on May 17, 2010. The judgment became final and conclusive on June 24, 2010.

【Criminal Facts】

1. On July 3, 2012, the Defendant loaned money to the Victim F in light of Eca in Daegu-gu CD, Seo-gu, Seoul, to the victim F. The Defendant would pay KRW 50 million each on the following month.

“A false representation was made.”

However, in fact, the defendant was sentenced to a sentence and was suspended from the qualification of a certified accountant, and was unable to operate an office for a period of five years, and even if he borrowed money from the victim, he did not have an intention or ability to repay.

The Defendant, as such, by deceiving the victim, was transferred KRW 96 million to the Daegu Bank Account (Account Number:H) in the name of G from the victim.

2. The Defendant: (a) around October 23, 2012, at the same place as indicated in paragraph (1) around October 23, 2012, “office operation funds are additionally required” to the victim F.

The loan of KRW 50 million will be paid in full six months after the lapse of six months.

“A false representation was made.”

However, the defendant did not have any intention or ability to repay even if he borrowed money from the damaged person, such as the statement in paragraph 1.

As such, the Defendant, by deceiving the victim, was transferred KRW 48 million to the Daegu Bank Account (Account Number: I) in the name of G from the victim.

3. On February 25, 2013, at the same place as indicated in paragraph 1 around February 25, 2013, the Defendant loaned KRW 20 million to the victim F, “The head of the household living together with his mother, and the head of the household, should be paid after three months, since security deposit, etc. is insufficient.

“A false representation was made.”

However, the defendant did not have any intention or ability to repay even if he borrowed money from the damaged person, such as the statement in paragraph 1.

As such, the Defendant, by deceiving the victim, is subject to the name of G, such as the statement in paragraph (2) around March 1, 2013.

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