(영문) 대구지방법원 2013.08.23 2013고단2883

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(영문) 대구지방법원 2013.08.23 2013고단2883

사기

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. Fraud against the victim C;

A. On February 27, 2012, the Defendant stated that “If the card amount is lent to the victim with her mother and child, she will pay interest of KRW 20 million after 15 days to the victim’s residence in Daegu-gu, Daegu-gu, the Defendant would pay the victim interest after 15 days.”

However, at the time, the Defendant did not have any intent or ability to repay the debt to others even if he/she borrowed money from the victim with the debt of KRW 250 million.

Therefore, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim’s account under the name of the Defendant (Tgu Bank E) on the same day.

B. On March 5, 2012, the Defendant, despite having no intent or ability to pay the above money at the above place, concluded that “If the Defendant borrowed the money to pay 25 million won, he/she would have to pay the interest within 20 days if he/she would have paid the money, he/she would have paid the money with the payment of the interest within the limit of 23 million won as the interest on the same day.” The Defendant received a delivery of KRW 23 million through the above account on the same day.

C. On March 13, 2012, the Defendant, despite having no intent or ability to pay the said money at the above place, concluded that “If the Defendant would pay the money to the victim, he/she would have to pay the interest in advance within one month if he/she would have borrowed the amount of KRW 20,000,000,000,000 from the said place, he/she received a delivery of KRW 18.6 million under the pretext of interest on the same day.”

Accordingly, the Defendant, as seen above, received a total of KRW 61.6 million from the victim by deceiving the victim.

2. Fraud against victim F;

A. On March 7, 2012, the Defendant called “to pay 80,000 won each day if he/she borrowed 50,000,000 won to the victim” from the H household located in Daegu-gu, Daegu-gu, the Defendant called “to pay 6,90,000 won each day (hereinafter the same shall apply).

However, at the time, the Defendant borrowed money from the victim with a debt to another person amounting to KRW 500 million.

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