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(영문) 대구지방법원 포항지원 2016.11.04 2016고정165
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around December 11, 2011, the Defendant made a false statement to the effect that “A victim B shall borrow 1 million won in return for money without any absolute loss,” on or around December 11, 201 to the effect that “A victim B shall borrow 1 million won in return for money.”

However, in fact, the defendant did not have any special occupation at the time and did not have any monthly income, and because the card company was attached to the passbook in the name of the defendant, it did not pay the above amount, even if he borrowed the above amount from the victim, there was no intention or ability to pay it.

Nevertheless, as above, by deceiving the victim, it obtained one million won from the victim on the same day.

2. On January 15, 2012, around January 15, 2012, the Defendant made a false statement to the effect that, “Around January 15, 2012, the Defendant would directly recover the money deposited in the passbook 50 days after the 50th day when the seizure is cancelled by applying for the individual rehabilitation procedure to the above victim, which requires money to be paid to the court.”

However, even if the seizure of the above passbook is terminated, the defendant did not have the intention or ability to pay the above money to the victim because the defendant thought to withdraw the money.

Nevertheless, as above, by deceiving the victim, it obtained 2 million won from the victim on the same day.

3. On May 2, 2012, around May 2, 2012, the Defendant made a false statement to the effect that “Around May 2, 2012, if the Defendant borrowed KRW 2,100,000,00,00 to the Repair Center as he/she was unable to pay repair expenses due to the failure to do so, he/she would complete payment until July 11, 2012.”

However, the defendant did not have any intention or ability to pay the above amount even if he borrowed the above amount from the victim, like the above paragraph (1).

Nevertheless, it is not possible.

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