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(영문) 대구지방법원 2017.11.30 2016고단6642
사기
Text

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

Reasons

Punishment of the crime

1. On December 22, 2015, the Defendant committed the crime at the L Hospital funeral hall office located in the Gyeongdong-gun, Chungcheongnam-gun on December 22, 2015, in which he/she borrowed KRW 30 million to the victim M.

“.....”

However, in fact, the Defendant, at that time, was liable for the debt equivalent to KRW 24.5 million, such as the advance payment, and the monthly income did not amount to KRW 1.0 million. Therefore, even if the Defendant borrowed money from the injured party, there was no intention or ability to repay it at that time.

The defendant deceivings the victim as above and was transferred KRW 3 million to the NongHyup Bank account in the name of the defendant on the same day from the victim.

2. On February 20, 2016, the Defendant, on the charge of the crime, lent 300,000 won to the victim by telephone at a non-fluorous place on February 20, 2016, if he/she leased 300,000 won to the father’s birth balance, then he/she shall be repaid by the following week.

“.....”

However, in fact, the Defendant was liable for 24.5 million won, such as advance payment, and the monthly income did not amount to KRW 1 million and there was a circumstance in which the payment of the unpaid mobile phone price was to be made. Therefore, even if he borrowed money from the injured party, the Defendant did not have any intent or ability to pay it at that time.

The defendant deceivings the victim as above and was transferred KRW 300,00 to the NongHyup Bank account in the name of the defendant on the same day from the victim.

3. On February 2016, the Defendant committed the last day of February 2016, at the funeral hall office of the foregoing L Hospital around the end of February, 2016, intends to take over the victim’s “an Obs in gender-gun N” with the acquisition fund of KRW 26 million and operate a multi-face with a loan of KRW 3.6 million each month.

“A false statement” was made.

However, in fact, the defendant only thought that he will use the money for gambling, and even if he borrowed money from the victim, he did not have the intention or ability to repay it in time.

The defendant deceivings the victim as above.

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