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(영문) 대구지방법원 2014.08.07 2014고단2076
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant had no intention or ability to pay money even if he/she borrowed money from the victim because he/she had received a personal rehabilitation judgment around the end of 2011 and paid 600,000 won each month in the absence of any specific property.

1. On October 2012, the Defendant was transferred KRW 8.1 million from the victim to the national bank account in the name of the Defendant’s son on the 26th day of the same month, on the following grounds: (a) at the place where the Defendant was unable to know the place where the Defendant was a police officer on October 2012; and (b) at the same time, the Defendant did not have the intent or ability to repay the money despite having borrowed money from the victim; and (c) at the same time, the Defendant did not have the intent or ability to repay the money.”

2. On November 2012, 2012, the Defendant was transferred KRW 4,250,00 from the victim to the national bank account under B’s name on the 27th day of the same month, on the following grounds: (a) at a place where the Defendant was unable to know the place of police officer in the middle of November 2012; and (b) at a place where the Defendant was unable to repay money from the victim even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the money.

3. From the end of December 2012, the defrauded, at a place where it is difficult to know the place at the end of the end of December 2012, the Defendant: (a) the Defendant, even if having borrowed money from the victim as above, did not have the intent or ability to repay the money; (b) the Defendant made a false statement to the effect that “I would immediately repay the money after one month, if I would have to pay the necessary operating expenses because I would not be well-known; and (c) on January 2, 2013, I received from the victim the money from the Defendant as a loan, KRW 4,250,000,000 from the Defendant’s national bank account in the name of Chokin, as a loan, KRW 4.25 million,000,000 from the Defendant on the 10th of the same month.

4. On April 2013, 2013, the Defendant, who was a police officer, shall be Busan on April 2013.

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