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(영문) 대구지방법원 2016.10.27 2016고단4010
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On August 12, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court on August 12, 2016, and the judgment became final and conclusive on August 20, 2016.

【Criminal Facts】

1. On January 19, 2012, the criminal defendant against the victim B made a false statement to the victim B at D High School Correction, a defendant's workplace in Daegu-gu, Daegu-gu, stating that "I will repay money after one year if I will lend money to I who will be discharged from military and will be discharged from military service."

However, in fact, the defendant thought that he would pay the credit card price and the interest on loans from the victim. In addition to the credit card price, the defendant had no intention or ability to pay the credit card price even if he borrowed money from the victim due to a large amount of debt such as the Pension Management Corporation and the second financial right, etc., and thus, he has no intention or ability to pay it.

As above, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the Defendant’s national bank account on the same day as the loan money, and received KRW 20 million in total from the victim four times in total as shown in the attached Table 1 of Crimes List 1.

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

2. On October 13, 2015, the criminal defendant against the victim E made a false statement to the victim E at the place specified in paragraph (1).

However, in fact, the defendant thought that he would purchase valuable vehicles with borrowed money from the victim, and even if he borrowed money from the victim due to a large amount of debt such as the Pension Management Corporation and the second financial right, the personal debt, etc., he did not have any intention or ability to repay it.

As above, the defendant deceivings the victim as above and receives 1.2 million won as a loan from the victim on the same day.

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