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(영문) 대구지방법원 2016.10.27 2016고단4037
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

"2016 Highest 4037" was the person who was engaged in sales business of ebblothethecing, etc. in Daegu-gu C, and around 2012, the defendant was in a state of not having been able to make profits due to his and her well-being of funeral services. Since 2004, since there was no property other than the lease deposit of the said Dmpiing bank, the defendant was spent for living expenses from his and her lender since 2004. In order to repay the above debt, the defendant borrowed a high rate of loan from his and her lending to the lending company, etc., and borrowed money from her lender, etc. to repay the debt of the lending company, and was in a state of having no intent or ability to pay the loan even if he and she borrowed money from other persons, such as capital up to KRW 100 million.

1. Around June 1, 2012, the criminal defendant against the victim E refers to the victim E (the 57-year-old store shall be expanded, goods shall be purchased, and money shall be repaid within one month if he/she lends money for education expenses and living expenses.). The defendant received 2,90,000 won from the victim to the Daegu bank account (F) in the name of the defendant on the same day under the name of the defendant, as shown in the attached list of crimes (1) and acquired 30 times in total from January 16, 2014, and acquired 79,200,000 won from that time to January 16, 2014.

2. On December 12, 2012, the Defendant against the victim G makes a false statement to the victim G (34 years of age) who is an son of the above E, stating that “I will expand the mixed store, purchase goods, and pay money within one month if I lend money to the victim’s Daegu bank account (F) in the name of the Defendant on the same day, and receive money of KRW 9,450,000 from that day to that of the Defendant’s Daegu bank account (F) in the name of the Defendant on the same day as indicated in the List of Crimes (2).”

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