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(영문) 대전지방법원 2020.09.24 2020고단384
사기
Text

A defendant shall be punished by imprisonment for six 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. Fraud of loans;

A. On October 2017, the Defendant made a false statement to the effect that “Isman hospital expenses need to be paid” to the victim D at the Defendant’s home located in the Jung-gu Daejeon Daejeon Daejeon, Daejeon, and that Isman hospital expenses should not be paid any more than the loan due to the failure to repay the existing loan. Therefore, I would like to pay the interest on a monthly basis and pay the principal after two years if I borrowed the loan in four names.”

However, the defendant did not have the intent or ability to repay the debt amounting to KRW 28 million with financial institutions even if he borrowed money from the victim.

On October 26, 2017, the Defendant received 4.5 million won in cash from the F Association in Dong-gu Daejeon, Daejeon, from the victim.

B. On October 27, 2017, the Defendant made a false statement to the effect that “The Defendant would receive a loan under the name of D, which requires money, and borrowed money. On the other hand, the Defendant would make a false statement to the effect that the Defendant would make a full payment when he/she pays the principal and interest.”

However, the defendant is a defendant.

Even if the victim borrows money from the victim as described in the subsection, there was no intention or ability to repay as agreed.

The Defendant, from the victim, around October 27, 2017, is the victim.

F. The F.I. was given KRW 5 million in cash as the borrowed money by the F.I.D.

Accordingly, the Defendant was given a total of KRW 9.5 million by deceiving the victim as above.

2. On December 2017, the Defendant made a false statement to the effect that “The Defendant would pay the victim a mobile phone usage fee on the face of the opening of the phone in the name of the victim D, where he/she needs to use his/her cell phone to be used by his/her wife who enters an elementary school.”

However, the defendant did not have the intention or ability to pay the user fee, even if he opens the cell phone in the name of the victim as stated in paragraph (1).

The Defendant, in its name, opened one cellular phone line around December 29, 2017 in the name of the victim, and opened one cell phone line around December 29, 2018.

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