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(영문) 대구지방법원 서부지원 2013.08.22 2013고단644
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Crimes against victims B (27 years of age);

A. A. On January 2009, the Defendant stated that “A victim’s house located in Daegu-gu Seoul-gu Seoul-gu Seoul-gu (hereinafter “Sgu-gu-gu-gu-gu-gu-gu-gu-U.S.-gu-gu-gu-gu-gu-gu-gu-gu-gu-gu-U.S.-funded interest may be paid if the applicant for the loan was given money for 2-3 days until the date the loan was approved, and the principal may be recovered if the loan was approved

The Defendant received 30 million won in total, including 20 million won around the 10th day of the same month, around the 10th day of the same month, and 10 million won around the February of the same year from the victim who believed this to be the Defendant’s name.

However, at the time, the Defendant was not engaged in the financial intermediary business, and the Defendant opened a restaurant with money borrowed from the victim to be appropriated for the purpose of the repayment of existing debts, etc., as well as the operation status of the restaurant was not good. Moreover, even if the Defendant borrowed money from the victim from the victim with no particular property in a relationship other than the above restaurant, it was difficult to use money from the victim as a result of economic difficulties, such as bearing obligations equivalent to 200 million won in the absence of any particular property, there was no intention or ability to normally repay the borrowed money.

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

B. On September 2009, the Defendant called the victim at a place where the location is unknown and talked with the victim as referred to in paragraph (a).

The Defendant was transferred from the victim who believed this to the above deposit account in the same month as KRW 10 million.

However, at the time, the defendant did not engage in a financial loan brokerage business as described in paragraph (a), and even if he borrowed money from the victim due to a difficult relationship in economic circumstances, he did not have the intention or ability to pay the borrowed money normally.

Accordingly, the defendant is the victim.

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