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(영문) 대구지방법원 2015.11.20 2014고단6754
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 6, 2014, around August 6, 2014, the Defendant made a false statement to the effect that, “A victim C’s house located in Daegu Jung-gu building No. 102, Daegu-gu, Seoul-gu, requires money to be urgently needed to resolve that she would have worked in a multi-level manner.”

However, the purpose was to receive the above money from the defendant and use it for the personal purpose, such as the repayment of the defendant's debt, and there was no intention or ability to repay the above borrowed money in excess of the debt at the time.

The defendant deceivings the victim as above, and is in the same month from the victim.

7. At around 12:00, KRW 5 million was remitted to the Agricultural Cooperative Account under Defendant’s name.

2. On August 20, 2014, around August 20, 2014, the Defendant made a false statement to the effect that “the Defendant would make a repayment without being able to do so at the last and without being able to do so,” at the same place as the above paragraph 1, at the same time as the above paragraph 1.

However, the purpose was to receive the above money from the defendant and use it for the personal purpose, such as the repayment of the defendant's debt, and there was no intention or ability to repay the above borrowed money in excess of the debt at the time.

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Agricultural Cooperative Account in the name of the Defendant around 10:00 on the 21st of the same month.

3. On September 28, 2014, around September 28, 2014, the defrauded made a false statement to the effect that “Around September 28, 2014, the Defendant made a telephone call to the said victim to the effect that “it is necessary to pay money to the said victim in return for a mortgage.”

However, the fact was that there was no apartment owned by the defendant's living together, and the purpose was to use the above money for the personal purpose, such as the repayment of the defendant's obligation, and there was no intention or ability to repay the above borrowed money in excess

The Defendant is the victim as above.

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