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(영문) 대구지방법원 영덕지원 2013.03.06 2012고단145
사기
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Reasons

Punishment of the crime

1. Fraud against the victim D (2012 Highest 145) stated the fact that the Defendant was a person with bad credit standing and at least KRW 200 million, and that the Defendant was required to pay KRW 10 million each month as “principal, bond interest, etc.” according to the witness D’s legal statement or the prosecutor’s protocol protocol of interrogation of suspect by the Defendant as to the Defendant. However, according to the witness D’s written statement or the prosecutor’s protocol of interrogation of suspect as to the Defendant, the Defendant paid KRW 10 million each

In the event that it is required to pay 10 million won per month, even if it is borrowed money from the victim D, the victim did not have any intention or ability to pay it.

Nevertheless, on March 14, 2011, the Defendant came to know of the fact that the victim D was loaned KRW 9.5 million from the employee of the Dog Capital, the Defendant would be paid off to the victim D with the loan of KRW 9.5 million to the said employee of the Dog Capital, by deceiving the victim D as “the loan of KRW 9.5 million from the Dog Capital,” and by deceiving the victim D to “a plan to engage in other businesses on December 2011.” On the same day, the Defendant had the victim D withdraw KRW 9.5 million in cash from the Dogjin-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on the same day, and then received KRW 9.5 million from the victim D within the vehicle parked in the Dogjin-gun parking lot.

Accordingly, the defendant was given property by deceiving the victim.

2. Each fraud against the victim G, H, and I (2012 highestest 184) was committed by the Defendant, at the beginning of 2008, with a debt of KRW 100 million, such as bonds, etc., and the monthly interest of KRW 100,000,000, which was operated by the Defendant, did not have any intent or ability to complete payment of money from others.

Around February 16, 2008, at the “K” restaurant located in the GJ of Ulsan-gun, Ulsan-gun, Seoul-do, the victim G is obliged to pay high interest, such as credit companies, debentures, etc.

b. Urgency of this money.

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