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(영문) 대구지방법원 포항지원 2018.04.19 2017고단1015
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, on June 2016, 2015, called "the High 2017 High Circuit 1015, the Defendant, by phoneing to the middle school-friendly victim C, who is a middle school-friendly employee, to lend the loan to him/her under the name of four necessary for running his/her business, shall pay interest and pay the loan at the soon as possible.

“A false statement” was made.

However, in fact, the defendant was thought to use the money from the injured party for the purpose of using the money to repay his personal debts, rather than the business fund, and even if the defendant already borrowed the money from the injured party with the debt amounting to KRW 140 million, there was no intention or ability to repay it normally.

The Defendant, as above, by deceiving the victim, obtained the sum of KRW 30,720,00,00 from the victim on June 28, 2016, KRW 10,000,00 on June 29, 2016, KRW 8,888,276 on July 1, 2016, and KRW 30,720,000,000, including KRW 8,820,000 on July 12, 2016, from the new bank account under the name of the Defendant.

The defendant of "2017 Highest 1109" is to immediately change the name of the principal on the face of the loan by taking a telephone from the victim E in March 2016, by taking the loan from the victim E in the middle of 2016.

The phrase “ makes a false statement.”

However, in fact, the Defendant was thought to use the money in return for the payment from the injured party for the purpose of using the money to pay the money for the sports soil or personal debt, not for the purchase of the money. Since the Defendant had already been obligated to pay the amount of KRW 140 million, there was no intention or ability to pay the money normally even if it was borrowed from the injured party.

Defendant deceiving the victim as above and received KRW 25 million from the victim’s agricultural bank account (F) on March 28, 2016 from the victim, and then received KRW 91,80,000 from the victim seven times in total from February 24, 2017, including from February 24, 2017, the Defendant received KRW 91,80,000,000 from the victim 6.

The defendant of "2017 Senior 1385" means a phone call from the victim G of the college-friendly job offering to a police officer on October 2016.

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