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(영문) 대전지방법원 서산지원 2015.11.30 2015고단751
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 24, 2013, the Defendant made a false statement to the victim C, stating, “The Defendant shall pay monthly interest on the news reporting date and the vehicle security loan business to the victim, and lend the test money to repay the business.”

However, the Defendant, as a bad credit holder, was liable for the credit card payment amounting to approximately KRW 20 million, and was thought to be used for other purposes, such as personal debt repayment, etc. without operating the business with money borrowed from the victim. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay it.

The Defendant, as such, by deceiving the victim, received KRW 80,000 from the victim for the same day as the loan money, and from March 21, 2014, received KRW 24,70,000 from the victim for a total of eight times as indicated in the annexed crime list, from March 21, 2014.

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

2. On December 26, 2013, the Defendant made a false statement to the effect that “If the Defendant lends KRW 14 million to the opening of a business, the Defendant would pay KRW 200,000,000 per month the principal and interest KRW 3 million until July 16, 2014, and, if not until then, would transfer the DK7 car to the name of the Defendant.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay the money as above. The said car was leased by the Defendant in the name of Hyundai Capital Capital in the name of the mother, so there was no intention or ability to transfer the name of the victim.

The Defendant, as such, by deceiving the victim, received KRW 14 million from the victim as the borrowed money on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. C Statement of the Police Opinion.

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