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(영문) 대구지방법원 2020.09.10 2020고단1630
사기
Text

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

Reasons

Punishment of the crime

From March 2017, the Defendant was aware of the loss of “D” in Busan Shipping Daegu C, which was operated by the Victim B from around March 2017, and the fact was not only the real estate owned by the Defendant, but also the real estate owned by the Defendant, other than the real estate owned by the said E, which was owned by the spouse E in a de facto marital relationship. Since the said real estate was a bad credit holder, the Defendant had no intent or ability to pay the card price or to repay the borrowed amount, even if using the credit card or borrowing the borrowed amount from the victim.

그럼에도 불구하고 피고인은 2017. 8. 20.경 위 피해자에게 “내가 대구에 아파트 두 채와 3층 상가 건물을 소유하고 있다. 경기도에 땅도 5,000평 있다. 나이 많은 부인이 있지만 별거 중이고 조그마한 아파트 하나만 주고 헤어지려고 한다. 나와 결혼해서 살자”고 거짓말하고, 2017. 10.경 “부인이 사망하여 보험금 6억 원이 나왔는데 그 돈으로 너와 함께 살 수 있게 ‘F모텔’ 건물을 샀다.”고 거짓말을 하는 등 수시로 피고인의 재력을 과시하였다.

1. On November 24, 2017, the Defendant: (a) made a false statement to the victim at G Maintenance Office located in the Busan Eastdong-gu, Busan, stating that “Ne is not in cash at present at present; (b) if a credit card is lent or an alternative settlement is made, the credit card value will be paid later.”

However, the Defendant was not only a person with bad credit standing, but also a person with bad credit standing who did not have any specific property. On September 2017, the Defendant did not have any specific profit from the workplace due to an accident of bad credit standing, and thus there was no intention or ability to pay the card price on behalf of the victim even after lending the credit card from the victim.

The defendant deceivings the victim as above, and is in the name of the victim.

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