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(영문) 대구지방법원 2014.06.12 2013고단5486
사기
Text

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

Reasons

Punishment of the crime

From April to May 2012, the Defendant had no intention or ability to pay a credit card arrears amounting to approximately KRW 10 million, approximately KRW 211 billion, KRW 19.2 million, KRW 19.2 million, and KRW 20 million borrowed money borrowed from the financial institution from the financial institution, KRW 19.2 million, and KRW 60 to KRW 7 million as interest, such as living expenses, loans, and borrowed money.

1. Crimes against the victim B;

A. On May 2, 2012, the Defendant made a phone call to the victim B, and made a false statement to the effect that “If he/she borrowed the transfer cost and attorney fee, he/she would return the commercial building after the transfer of the name, if he/she borrowed it from the name of the victim C (persons living together with the Defendant) in order to transfer the name in the future, he/she would return it.”

However, the defendant did not transfer the apartment building under the name of the mother, and even if he borrowed money from the victim, he did not have any intention or ability to complete the payment.

The Defendant received 2,130,000 won from the victim, i.e., the money borrowed from the seat to C.

B. On May 27, 2012, the Defendant made a false statement that “The Defendant shall use a phone call to the victim B, and shall pay off if he/she uses a sunken machine with the need to pay the agreed amount.”

However, in fact, the defendant did not need to reach an agreement, and even if he borrowed the above money, he did not have any intention or ability to pay it.

The Defendant received, from the victim, the amount of KRW 4 million on the same day, KRW 2 million on May 27, 2012, KRW 4 million on May 31, 2012, KRW 2 million on July 26, 2012, KRW 2 million on July 26, 2012, and KRW 2 million on August 2, 2012, KRW 14 million on each of the accounts in C and D, respectively.

2. The Defendant committed a crime against the victim E shall make phone calls to the victim E at the hearing of April 20, 2012.

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