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(영문) 대구지방법원 김천지원 2016.07.14 2015고단1464
사기
Text

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

However, 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. On August 18, 2010, the Defendant committed a crime on or around August 18, 2010: (a) the victim C, who was satisfing with the Defendant at a place where the location of directors of the Si/Gu-U.S. (Seoul) was unknown, is lacking a security deposit to seek a monthly house.

The loan of KRW 3 million will be changed.

The phrase “ makes a false statement.”

However, at the time, the defendant did not have any special property and borrowed money from the damaged person for the purpose of using it as a cost of repairing a car, not a deposit, so even if he borrowed money from the damaged person, the defendant did not have an intent and ability

The Defendant received 3 million won from the injured party on the same day.

2. On January 2, 2011, the Defendant committed a crime around January 2, 201, at a place where it is impossible to identify the place below the Gu-U.S. Si around January 2, 2011, the Defendant “is expected to open the said victim.” The construction cost is insufficient.

The loan of 150,000 won is changed.

“A false representation was made.”

However, at the time, the Defendant did not have any special property and did not have any intent and ability to repay money from the damaged party for the purpose of using the money for living expenses, not for open expenses.

The Defendant was transferred 1.5 million won from the victim to the account under the name of the Defendant on the same day.

3. From January 7, 2011 to January 14, 2011, the Defendant, along with D, made a false statement to the effect that “Around January 7, 2011, the Defendant would open to the said victim at a place where it is difficult to identify a place below the Si of Gu, Si, Si, and Gun (hereinafter referred to as the “Gu, etc.”) with D, the Defendant borrowed KRW 17 million as the operating fund is required.”

However, in fact, the defendant had no special property at the time, and had the purpose of using the money borrowed from the victim for living expenses with D, and had no intent and ability to repay the money even if he borrowed the money from the victim.

The Defendant, from January 7, 201 to January 14, 201, 1. The Defendant’s account (Account Number: E) in D’s name from January 7, 201 to January 14, 201.

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