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(영문) 대전지방법원 천안지원 2014.05.16 2013고단1651
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

Criminal facts

1. On August 18, 2011, around August 18, 2011, the Defendant stated to the effect that “A victim D, who was aware of the mutual infinite-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, would take a vehicle as security and borrow money to another person. If the Defendant borrowed KRW 10 million to another person, he/she would lend the money to the other person, receive interest, and pay 200,000 won per interest to the other person, and the principal shall be repaid until December 31, 2011.”

However, as the defendant did not have any special property at the time and did not have any profit from the operation of the agent driving company, the defendant did not have any intent or ability to pay the principal normally by paying interest to the victim.

As above, the Defendant, by deceiving the victim as above, obtained 9.8 million won from the victim, deducting 20,000 won from the prior interest and 200,000 won from the victim’s position.

2. Around August 30, 2011, the defrauded: (a) around August 30, 201, the Defendant made a statement to the effect that, “Around August 30, 2011, the Defendant would reduce the amount of KRW 1.8 million per month and the principal would immediately be repaid if the Defendant borrowed money from the old bank to the third party for the purpose of settling a partnership with the fact that there is no good connection with the said person; and (b) the Defendant would have borrowed money from the old bank and would have received interest.”

However, the defendant did not have an intention or ability to pay the principal normally by paying monthly interest to the victim as stated in paragraph (1).

The Defendant, by deceiving the victim as above, received 5 million won from the victim to the Bank’s account (F) account in the name of the Defendant on the same day, and received from the victim under the same year.

9. Upon receipt of KRW 6.8 million on October 5 of the same year, a person transferred KRW 12 million to the above account on October 5 of the same year, and acquired KRW 53.3 million on October 14 of the same year and acquired KRW 53 million in total.

Summary of Evidence

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