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(영문) 대구지방법원 안동지원 2013.09.03 2013고단309
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

Punishment of the crime

1. Fraud against the victim C;

A. On Dec. 2, 2006, the Defendant acquired money by fraud was false to pay KRW 2,200,000 per month and KRW 2,200,000 per month before the receipt of the money from the victim C who opened the number fraternity No. 2 and 6 times each time, at the victim C’s gathering room located in the E market located in Ansan-gu E market during the Hayang-si period.

However, in fact, the Defendant had a debt equivalent to KRW 20 million at the time, and there was no special revenue, so even if the Defendant received the payment from the victim, he did not have the intent or ability to pay the subsequent payment to the victim.

The defendant, from the victim on January 31, 2007, KRW 10 million on January 2, 2007, and the same year.

5. 31. 6 No. 10 million won received respectively, but did not pay KRW 2.2 million after the receipt of the limit money No. 6, thereby acquiring property profits equivalent to KRW 8.8 million for a period of four months.

B. On June 2, 2007, the Defendant acquired the loan by fraud to the victim C, stating that “The Defendant would lend the amount of KRW 5 million which is urgently used to the lender and make a full payment without molding it.”

However, the defendant is guilty.

For the same reason, the victim did not have the intent or ability to repay the loan.

The defendant received 5 million won from the victim as the borrowed money, and acquired it by fraud.

2. On May 2, 2007, the criminal defendant against the victim F made a false statement to the victim F that “H” in Ansan-si G would be “I need to pay. If you lend money, you will pay back the money.”

However, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim due to the lack of sufficient means to repay the money for the same reason as the above 1.

The defendant received 2 million won from the victim in the same place, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1.With respect to C, F.

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