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(영문) 대구지방법원 안동지원 2018.06.15 2017고단822
사기
Text

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

Reasons

Punishment of the crime

[criminal history] On December 23, 2010, the Defendant was sentenced to one year of suspension of execution due to a violation of the Road Traffic Act (non-licenseless Driving) in the Daegu District Court Kimcheon Branch, etc., and on June 12, 2012, the sentence of suspension of execution was terminated on January 13, 2014 as the Defendant was sentenced to eight months of imprisonment with prison labor due to an injury, etc. in resident support at the Daegu District Court, and on September 14, 2017, the sentence became final and conclusive on September 22, 2017 after being sentenced to two years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc.) in resident support at the Daegu District Court.

[Criminal facts]

1. On April 2015, the Defendant committed the crime at around 2015, to pay 10% interest per month after paying the principal to the victim B, if he/she lent money to the victim B at the infinite coffee-dong, Daegu Geum-dong.

“A false statement” was made.

However, in fact, the Defendant was liable to pay approximately KRW 300 million without any particular revenue, and the Defendant was thought to use all borrowed money for personal purposes, such as personal debt repayment and living expenses, so even if she borrowed money from the damaged party, she did not have an intention or ability to pay the principal after three months or to pay 10% interest per month.

Nevertheless, the defendant acquired money from the injured party, i.e., 6 million won in cash from the seat.

2. On June 2015, the Defendant may receive interest from the said victim on a telephone at a non-permanent place (hereinafter referred to as “money”) at a time below the end of the commission of the crime and at a time below the end of June 2015.

It is intended to organize all of the borrowed money within six months.

“A false statement” was made.

However, for the foregoing reasons, the Defendant paid interest to the victim or repaid all of the borrowed money within six months, and even if he/she borrowed money from the victim, he/she did not have any intent or ability to do so, he/she paid personal loans from C.

Nevertheless, there is a need to do so.

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