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Reasons
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(영문) 대구지방법원 2013.06.05 2013고정754
사기
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Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 23, 2011, the Defendant was sentenced to a suspended sentence of four months for fraud at the Daegu District Court on December 23, 201, and the judgment became final and conclusive on December 31, 2011.

The defendant of "2013 High 754" did not have an intention or ability to repay money to others even if he/she borrowed money from others.

Nevertheless,

1. On October 29, 2010, by calls from the victim B at an unsound place, and calls from the victim B to “to use only locks in need of money and return them,” the victim transferred KRW 2.5 million from the victim to the passbook in the name of the defendant;

2. On November 1, 2010, a false statement to the victim stating that “on the loan of KRW 2.5 million to another person, and at the same time, he/she will receive interest from him/her and put him/her into money in lieu of such money” was remitted from the victim to the passbook under the name of the defendant in the above 1.1.

3. On November 1, 2010, the victim received KRW 190,00 from the victim who believed to be true, “The 50,000 won interest on KRW 5,00,000,000,000,000,000,000,000 won, given No. 9,000 per month when each month was paid to the victim, shall be paid every 40,00 won by the defendant.”

4. On December 3, 2010, the remittance of 40,000 won to the head of Tong under the name of the defendant under the same name as that of the foregoing 3.3.

5. On January 4, 2011, the remittance of 40,000 won to the head of Tong under the name of the defendant under the same name as that of the foregoing 3.3.

6. On March 8, 2011, a total of KRW 80,000,000 was received in the name of the defendant under the name of the head of the Tong under the name of the defendant, such as remittance of KRW 1,00,000 to the head of the Tong under the name of the defendant, and acquired it under the name of the borrowed money and the fraternity.

"2013,000 won, if the defendant lent 3,00,000 won to the victim E" around April 25, 2011, the defendant lent 3,000,000 won to the victim Dda located in Busan Metropolitan City around April 25, 201.

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