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(영문) 대구지방법원 김천지원 2014.10.16 2014고단873
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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2013, the defendant had been sentenced to six months of imprisonment and two years of suspended execution on June 2013 for violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. in the Daegu District Court Kimcheon Branch of the Daegu District Court on June 12, 2013, and the above judgment became final and conclusive on June 20, 2013.

1. Around April 30, 2011, the Defendant made a false statement to the victim D, “C” operated by the Defendant on the fifth and sixth floor of the Gumi-si building B, Gumi-si, stating, “I will pay a full payment if I am bling on the pawnpo, and one million won is lent.”

However, the facts are that the Defendant, without any particular property at the time, bears the obligation of about 200 million won, and should pay the interest equivalent to about 4 million won every month, so there was no intention or ability to pay the interest even if he borrowed money from the victim from the beginning.

The Defendant, as such, by deceiving the victim and receiving one million won in cash from the F-U.S. store located in the third floor E on the same day from the victim.

2. On October 6, 2011, the Defendant made a false statement to the victim, stating, “I will lend three million won to the victim, and will complete the payment to the victim again. I have to pay money.”

However, even if the victim borrowed the money from the victim as described in Paragraph 1 from the beginning, there was no intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received three million won from the new bank account in the name of the Defendant on the same day under the pretext of borrowing money from the victim.

3. On November 20, 201, the Defendant made a false statement to the effect that “Around November 20, 2011, the Defendant phoneed the victim at the victim’s residence with G apartment 115 Dong 310-dong 310 and repaid the amount borrowed until now. There is money.”

However, the defendant did not have the intention or ability to repay the money from the beginning, such as the statement in Paragraph 1.

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