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(영문) 대전지방법원 논산지원 2015.04.03 2014고단355
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 20, 2010, the Defendant was sentenced to eight months of imprisonment for fraud in the Daejeon District Court Seosan Branch, and completed the execution of the sentence on December 16, 2010.

[2014 Highest 355]

1. The Defendant: (a) around July 20, 2013, at the victim D’s house located in Chungcheongnam-gun, Chungcheongnam-do; (b) held that “If the Defendant borrowed money from the husband’s death insurance amount of KRW 350 million to the victim, the Defendant would immediately repay the above insurance money and lend KRW 200 million to the victim without any condition.”

However, in fact, the husband of the defendant did not die, and even if he borrowed money from the victim due to no special income or property, he did not have the intention or ability to complete the payment.

As above, the Defendant, by deceiving the victim, received KRW 950,00 in cash from the victim under the pretext of borrowing money.

2. On September 28, 2013, the Defendant: (a) around September 28, 2013, at the place specified in paragraph (1); and (b) on the same day, the Defendant was affiliated with the victim and received KRW 5 million from the victim as

[2014 Highest 411]

1. Around August 19, 2014, the Defendant made a false statement to the victim F’s house located in Chungcheongnam-gun E, Chungcheongnam-gun, that “A repayment would be made by the end of this month if the Defendant borrowed money” to the victim.

However, the Defendant did not have any special revenue or property, and even if she borrowed money from the victim, such as introducing himself/herself to “G” residing in Daejeon Dong-gu 23 Dong-dong 104, Daejeon, he/she did not have any intention or ability to repay the borrowed money.

The Defendant received KRW 4 million in total from the victim of the face-to-face check at the Chungcheong post office located on the screen of the Chungcheong group of Chungcheongnam-do on the same day.

2. Around August 22, 2014, the Defendant made a false statement to the victim F’s house located in Chungcheongnam-gun, Chungcheongnam-gun, stating that “The Defendant shall pay off the victim an additional loan of KRW 3 million.”

However, the defendant's intent or ability to repay the money even if he borrows the money from the victim, such as the statement in Paragraph 1.

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