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(영문) 대구지방법원 포항지원 2019.08.08 2018고단1633
사기
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

"2018 Highest 1633"

1. Around June 4, 2016, the Defendant, against the victim B, displayed the number of KRW 6 million in face value to the victim as set forth in D’s operation, which was run by the Defendant at Port C at Port Co., Ltd., and concluded that “I will make payment by changing the number of KRW 1 million to cash after a month when one million is lent.”

However, even if the victim borrows money from the victim, there was no intention to pay the money in cash with the check held as the promise.

The Defendant received KRW 1 million in cash on the same day as the borrowing money from the victim, and KRW 2 million in cash on June 16, 2016, from the victim.

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

2. The criminal defendant against the victim E is a relationship with the victim (the age of 74) and the victim’s control from September 2016 to the date in 2018, and the elderly victim was willing to obtain money from the victim by using a favorable point to the Defendant.

On November 6, 2017, the Defendant made a false statement that “The Defendant would pay money to the victim for funeral services (operation of a restaurant) if he/she lends money to the victim as security for the land owned by the Defendant.”

However, in fact, since the personal debt has been in excess of 20 million won due to bad credit standing at the time, even if the victim borrowed money from the victim, it was thought that it will be used for other debt repayment, etc., and there was no intention or ability to repay the borrowed money as agreed.

Around November 6, 2017, the Defendant had the victim obtain a loan of KRW 22,00,000 from the G Association as collateral on the land north-gu in the Pohang-si, the victim owned, and received the said KRW 22 million from the H Association (I) account in the name of the victim used by the Defendant.

B. On April 18, 2018, the Defendant need to pay in cash to the victim as “the funeral service giving money is not well-grounded,” in an unsound address.

Money on the security of one’s own land.

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