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(영문) 대전지방법원 천안지원 2014.11.27 2014고단979
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

In fact, even if the Defendant borrowed money from the victim, he did not wish to use it as restaurant opening funds or funeral funds, and was merely thought to use it as entertainment expenses, etc., and he did not have any particular property or occupation and did not have any intent or ability to repay the borrowed money, even though he did not have any intention or ability to pay it.

1. On October 201, 201, false statement to the victim He (the death of February 22, 2014) who was living together with the victim that “I wish to take a restaurant. I would like to have a restaurant. I would like to have a restaurant repaid until October 20, 2012. I received 28 million won from the victim around that time;

2. On or around December 8, 2011, the victim made a false statement to the effect that “if the victim lends money with a loan that he/she intends to engage in a funeral service, he/she shall pay it after two years,” he/she received KRW 17 million from the victim;

3. On February 23, 2012, the phrase “if a person lends money to another person who intends to engage in funeral services, he/she will repay the money on the expiration date of the lending period,” and then the victim received KRW 19 million from the victim around that time;

4. On May 4, 2012, the term “if a person lends money to another person who intends to engage in funeral services, he/she would pay the money on the expiration date of the lending period,” and then the person in question received KRW 17 million from the victim;

5. On or around August 24, 2012, false statement to the effect that “it is necessary to pay a registration fee for his/her daughters. It is necessary to receive a loan to lend KRW 3 million to him/her without fail.” It received KRW 3 million from the victim around that time; and

6. On January 31, 2013, a false statement stating that “If a person lends money to another person who intends to engage in funeral services, he/she will repay the money on the expiration date of the lending period,” he/she received KRW 18 million from the victim around that time;

7. On June 14, 2013, if a person lends money to another person for the purpose of conducting funeral services, "on the expiration date of the lending period."

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