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(영문) 대구지방법원 2016.03.18 2015고합300
사기등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

From around 2006 to 2012, the Defendant began to engage in the business of selling imported shares and tobacco, etc. in the Busan City Market, without any specific property, and was under the suspension of returning most of the obligations to others under the pretext of lending money to five to six hundred million won and the purchase price of goods. Therefore, even if the Defendant borrowed money from the victims or received money under the pretext of the purchase price of goods, there was no intention or ability to pay the money normally or to supply goods.

1. The Defendant’s fraud against Defendant D on May 31, 2010, at the “G” restaurant operated by the victim’s wife F in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with a high interest rate on the loan of money to Defendant D, and promptly repay the money to the victim D.

“The purpose of “ was to make a false statement.”

However, even if the defendant borrowed money from the damaged party, he did not have the intention or ability to repay it.

The Defendant: (a) by deceiving the victim as above; (b) received 15 million won from the victim to the new bank account in the name of the Defendant on the same day from the victim; and (c) received a total of 25 times from around that time to December 16, 2010, a total of 364.6 million won, such as the previous list of crimes (1) from around that time to December 16, 2010.

2. On July 2, 2010, the Defendant against the victim H: (a) around July 2, 2010, at the first soup room located in Busan East-gu, Busan-gu, the Defendant would offer the victim H the amount of 10% of the principal, if he/she lends money to the victim H.

“A false statement” was made.

However, even if the defendant borrowed money from the damaged party, he did not have the intention or ability to repay it.

The defendant deceivings the victim as above and received 6 million won as the loan from the victim on the same day, as well as from around that time to March 19, 201, the defendant attached 5 times in total.

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