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(영문) 대구지방법원 포항지원 2016.09.08 2016고단773
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On August 2015, the criminal defendant against the victim C said, “E” at a “E” plant located in Seocho-si, Seocho-si, a working partner D, that the victim C would pay a high profit by gathering money.”

However, even if the defendant borrowed money to the victim, he did not have any intention or ability to repay the money to the victim with large profits until the due date for the payment of the money was paid.

Nevertheless, as seen above, the Defendant would make a false statement and receive KRW 9.5 million from the victim on August 7, 2015, and in the same manner, the same month from the victim.

8. 50 million won, KRW 10 million on the 25th of the same month, KRW 26.10 million on the 26th of the same month, KRW 10 million on the 10th of October of the same year, KRW 300,000 on the 3th of December of the same year, and the same month;

4. It received a total of KRW 45 million on six occasions, including the receipt of KRW 2 million.

2. On December 2015, the criminal defendant against the victim F stated, “F, who is a working partner in Nowon-gu in Seoul Special Metropolitan City, shall receive a loan and shall pay 10% of the monthly rent, and shall pay interest on a loan borrowed from business funds, and shall repay the loan in full within one year.”

However, even if the defendant borrowed money to the victim, he did not have an intention to use it as gambling and did not have an intention or ability to repay the principal to the victim at the due date for which he paid or promised interest on each month.

Nevertheless, the Defendant received a total of KRW 38 million from the victim on December 18, 2015, including a false statement and received KRW 10 million from the victim on December 18, 2015, in the same manner as the victim received KRW 19.10 million on the same month, KRW 20 million on the same month, and KRW 8 million on December 21, 2015.

3. The Defendant against the victim G is aware of the victim’s fraud at the end of December, 2015.

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