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(영문) 대구지방법원 2015.01.29 2014고단4930
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2014 Highest 4930"

1. On June 2013, the Defendant: (a) made a false statement to the victim E, the head of the team, “on the loan of KRW 10 million,00,000,000,000 to the team members; and (b) he/she paid KRW 1,00,00,000 per month, on the first day of the first day of June 2013.”

However, at the time of fact, the Defendant had a debt equivalent to KRW 158 million at the time, and the Defendant had no ability to repay the said debt even with the loan borrowed from the victim because it had been used to prevent the said debt from being repaid.

On June 28, 2013, the Defendant received money of KRW 10 million from the victim to the Daegu Bank Account under the name of the Defendant and acquired it by fraud.

2. Around October 25, 2013, the Defendant, around October 25, 2013, made a false statement to the victim F, stating that “If the Defendant lends KRW 5 million to the victim F, he/she shall pay interest at the rate of KRW 650,000 per 25,00 per month on the 25th day of each month in calculating interest.”

However, at the time of fact, the defendant did not have the ability to repay the above money even if he borrowed the above money from the victim.

The Defendant received money from the victim, i.e., five million won from the seat to the Daegu Bank Account (G) in the name of the Defendant.

On August 2013, the Defendant stated that “The Defendant would pay interest on KRW 10 per month to the victim He/she would pay the money and pay the money to him/her,” within the Defendant’s vehicle parked in the dong-gu Magdong-gu Magdong-gu Magdong-gu Magdong-gu Magdong-gu Magdong-gu Magdong-dong Magdong-dong.”

However, in fact, the Defendant had a debt equivalent to KRW 200 million at the time, and even if borrowed money from the victim, the Defendant did not have any intent or ability to repay the borrowed money to the victim because it was used to prevent the repayment of the bonds.

Nevertheless, the Defendant received 5 million won in cash from the victim, i.e., the victim.

This is the defendant.

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