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(영문) 대구지방법원 김천지원 2014.09.23 2014고정482
사기
Text

Defendant shall be punished by a fine of four million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

1. On February 5, 2012, the Defendant made a false statement to the effect that “A shall be repaid within one month from a loan to a victim C who had resided in the Gumi-si B building A 203, Gumi-si, and “A shall be repaid only two million won.”

However, at the time, the defendant did not have any intention or ability to complete the repayment even if he borrowed money from the victim due to the absence of certain occupation or property.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the account in the name of D in the same day as the borrowed money.

2. On February 13, 2012, the Defendant: (a) called the victim C, who had resided in the building No. 201, Si/Gu; and (b) deceiving the victim in the same manner as prescribed in the foregoing paragraph 1; and (c) received one million won from the victim to the account in the name of D in the name of the same day as the loan money.

3. On March 12, 2012, the Defendant made a false statement to the effect that “A victim C who resided in the foregoing E building 201 shall be paid KRW 1 million from the following month if he/she lent eight million to sell or purchase a vehicle.”

However, at the time, the defendant did not have any intention or ability to complete the repayment even if he borrowed money from the victim due to the absence of certain occupation or property.

Nevertheless, the Defendant, by deceiving the victim as above, remitted 7 million won to the account in the name of F under the same name as the borrowed money from the victim, and received one million won and paid 8 million won in total.

4. On March 13, 2012, the Defendant: (a) called the victim C who had resided in the building No. 201; (b) deceiving the victim by the same method as the above paragraph (1); and (c) received KRW 400,000 from the victim on the same day as the loan money.

Accordingly, the Defendant, as seen above, was urged by the victim, and received a total of KRW 1,40,000 from the victim four times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The amount of damage;

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