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(영문) 대구지방법원 의성지원 2013.08.22 2013고단112
사기
Text

A defendant shall be punished by imprisonment for six 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

1. On August 23, 2007, the Defendant committed the crime at his own house located in Ansan-gu, Ansan-si on August 23, 2007, and the Defendant, even if she borrowed money from the victim, was considered to have lent it as a business fund to the company (D) in which she had operated her own household, and even if she has not been able to repay it even if she borrowed money from the victim due to a very difficult economic situation, she did not have the intent and ability to pay it. However, the Defendant made a false statement to the neighboring victim E, stating, “The Defendant would lend 17 million won as it is necessary to purchase her own taxi license, and would have borrowed her own her own taxi license.” The Defendant acquired 17 million won in cash from the victim on the same day.

2. On January 5, 2008, the Defendant committed the crime of January 5, 2008, at the same place as Paragraph 1, 2008, and the fact was, even if the Defendant borrowed money from the victim, it was thought that he would use it as business funds or as business expenses, and even if he borrowed money from the victim due to a very difficult economic situation, he did not have the intent and ability to repay it even if he borrowed money from the victim, the Defendant acquired money from the victim E by means of a false statement that “I want to purchase a private taxi license of 10 million won because the money is partially insufficient, and only borrowed 10 million won on the same day.”

3. Around March 2008, the Defendant: (a) around March 2008, at the same place as Paragraph (1) of the same Article; (b) even if the Defendant borrowed money from the victim, it was thought that the Defendant borrowed money from the victim as a business fund; and (c) even if the Defendant borrowed money from the victim due to a very difficult economic situation, he did not have the intent and ability to repay it; (d) the victim E made a false statement that “if there is a lack of money to provide dental treatment, it shall be KRW 5 million, and the money shall be lent to the victim.” (e.g., the victim shall receive five million won in cash on the same day.)

Summary of Evidence

1. Partial statement of the defendant;

1. E’s legal statement 1.

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