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(영문) 대구지방법원 2019.03.21 2018고단4769

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On June 24, 2014, the Defendant made a false statement that “A victim B, operated by the victim B, who was in the Jeondo-gun, Jeonnam-do-gun, borrowed money due to lack of living expenses and official operation expenses, and provided the victim with the payment of the cost of care when he/she received the cost of care,” which reads that “A victim B will pay the money when he/she received the cost of care.”

However, in fact, the Defendant did not have any particular property and did not have paid the time limit money by joining the fraternity. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay it to the victim with the time limit money.

As such, the Defendant, by deceiving the victim, received KRW 3,00,500 from the victim, around June 24, 2014, and received KRW 101,974,300 in total from the above date to November 8, 2017, as shown in the list of crimes in attached Table (1).

B. On September 4, 2014, the Defendant made a false statement to the said victim stating that “Around September 4, 2014, the Defendant would return interest and the principal once more than 10 months by paying the extended amount to the Defendant’s public room operated by the Defendant in the Jeondo-gun-gun-gun, with the knowledge that the said victim was playing a large amount of money in the city of Daegu. The amount of money would remain at the time of providing the extended amount.”

However, in fact, the Defendant did not know that there was no particular property, and did not know that the Defendant was to pay the time limit, and that the amount received from the victim was intended to be used for the Defendant’s living expenses, etc., so even if receiving the money from the victim, the Defendant did not have the intent or ability to pay the time limit after paying the time limit with the said money.

As can be seen, the Defendant was provided with KRW 94,90,000,00 in total, from the above date to December 14, 2016, as stated in the list of crimes (2) in the attached Table from the above date and time to the day of December 14, 2016, when the Defendant was deprived of the victim and received KRW 460,00 from the victim.

C. The Defendant is on July 20, 2015.