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(영문) 대구지방법원 김천지원 2015.03.05 2014고단1407
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as a family owner, had no regular income due to no occupation, and had no special property, borrowed the sum of KRW 85,00,000 from around October 25, 201 to August 28, 201, on six occasions from the victim D to around August 28, 2012.

On September 2012, the Defendant came to know of the “E” that he had become aware of the fact that he could receive a large amount of interest from the “E” to borrow money from the said “E” to borrow money from the victim to borrow money from the “E” in order to borrow money from the Defendant.

1. Around September 10, 2012, the Defendant sent a phone call to the victim at a place where it is impossible to know the place on September 10, 2012, and made a false statement to the effect that “I wish to borrow money to Schlage and receive interest. I want to lend money to Schlage if I want to buy things before a clerical error. I want to lend money if I want to buy things, I will end to receive interest.”

However, at the time, the Defendant did not notify the victim of the above situation even though he was aware that he had lent gambling money to “E” and had been able to receive interest, and the Defendant was likely to recover gambling money from “E” due to the lack of special assets, and the Defendant had no intent and ability to repay the money even if he borrowed money from the victim due to the lack of special assets.

On the same day, the Defendant received 10,000,000 won from the victim under the name of the Daegu Bank Account (Account Number:F) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. Around September 12, 2012, the Defendant made a false statement that he called the victim at a place where the location cannot be known, and that “a person who borrowed KRW 10,000,000 to the victim, will give the interest of KRW 3.”

However, at the time, the defendant is above.

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