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(영문) 대구지방법원 2019.01.31 2018고단3532

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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

【Criminal Power】 On September 8, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. at the Daegu District Court on February 5, 2016, and the said judgment became final and conclusive on February 5, 2016. On April 1, 2016, the same court was sentenced to one year and eight months of imprisonment with prison labor for fraud, etc. and the said judgment became final and conclusive on October 27, 2016.

【Criminal Facts】

1. On April 20, 2014, the Defendant stated that “Around April 20, 2014, the Defendant borrowed money would have no money to pay the money to the Plaintiff at C safe located in Daegu Northern-gu, Daegu Northern-gu, and that “E would have no money to pay the money. E would have to pay a full amount of KRW 10 million if it borrowed KRW 10 million.”

However, the defendant did not have been requested to lend money from E, and there was no active property or fixed income, and there was no way to repay the above borrowed money, and even if it borrowed money from the victim, there was no intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim on the same day.

2. On May 2, 2014, the Defendant borrowed from the G Real Estate Office located in Daegu-gu, Daegu-gu, on May 2, 2014, the Defendant stated, “The Defendant, at the G Real Estate Office, intends to sell and purchase the said G Real Estate Office at a price that is much lower than the market price, at a sobrying price. If the down payment is leased KRW 10 million, the Defendant would obtain additional loans by expanding the appraisal price of the purchased goods and obtain additional loans at the same time, and pay KRW 10 million as a lump sum.”

However, in fact, the Defendant did not have a plan to purchase soup, and there was no active property or fixed income, and there was no way to repay the above loan, and even if it borrowed money from the victim, there was no intention or ability to repay it.

The Defendant, by deceiving the victim as such, received KRW 9.8 million from the victim to the account in the name of the Defendant on the same day.

3. On May 20, 2014, the Defendant by borrowing money around May 20, 2014, when around May 20, 2014.