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(영문) 대구지방법원 2016.10.21 2016고정1181

사기

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around December 2015, the Defendant posted a false statement on the Defendant’s residence located in the Gumi Si C 203, Gumi Si 203, on the Internet’s bulletin board “Ninber Gafa,” which is a medium trading site, selling gallon 4 mobile phones, and reported and contacted the writing to the victim D who “on deposit of money, sending the cell phone.”

However, even if the defendant received money from the victim, he did not have the intention or ability to sell the mobile phone to the victim because he thought to use it as living expenses.

Around December 30, 2015, the Defendant, by deceiving the victim as such, received 150,000 won from the victim to a new bank account (number E) under the name of the Defendant, and acquired them by fraud from the victim thereafter, and then received a total of 12 times from 12 victims total sum of KRW 1,675,00 by the same method as shown in the attached crime list from May 1, 2016.

On April 1, 2013, the Defendant issued a summary order of KRW 500,00,000 as a crime in the Daegu District Court Kimcheon branch on April 1, 2013, on two occasions the records of the same crime.

[Criminal Facts] Around July 16, 2015, the Defendant made a false statement to the effect that “A worker is working in Daegu F, while making a request for a credit loan to the victim Ldcop Co., Ltd.,” and “A worker is working in Daegu F, and monthly income is KRW 1.6 million. If a loan is granted KRW 3.5 million, the monthly interest will be added.”

However, the Defendant did not work in Daegu F, and there was no fixed income due to the absence of any other occupation. Therefore, even if the Defendant received a loan from the victim, he did not have the intent or ability to pay the interest and principal.

As above, the Defendant, by deceiving the victim, received 3.5 million won from the victim’s agricultural account (Account Number: G) in the name of the Defendant.

b)a summary of the evidence;