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(영문) 대구지방법원 2013.10.17 2013고단4413

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 4, 2006, the Defendant was sentenced to one year and six months of imprisonment at the Suwon District Court for fraud, and on July 12, 2006, the said judgment became final and conclusive on January 30, 2007 during the execution of the sentence, and the parole period expired on April 18, 2007. On August 20, 2010, the said judgment became final and conclusive on August 28, 2010, on which the Daegu District Court sentenced one year and four months of imprisonment for fraud, etc. at the Daegu District Court’s Daegu District Court’s Daegu District Court’s Vice District Court’s Vice Branch’s branch for fraud, etc. on February 19, 2013, and the said judgment became final and conclusive on May 31, 2013.

1. On May 2009, the Defendant made a false statement to the victim C, stating that “I wish to obtain a bank loan in order to make a single house by remodelling the telecom in the Dong-dong by remodelling the telecom at the end of the horse, and I wish to pay back the money if I borrowed KRW 5 million, or to grant the right to operate the Korean-Japan house later.”

However, the above construction was not commenced at the time, and the victim did not have the intention or ability to exercise the right to operate the house.

As such, the Defendant, by deceiving the victim and deceiving the victim, obtained a total of KRW 4 million from the victim on May 20, 2009 and KRW 3 million on May 29, 2009, and acquired it by deception.

2. On August 10, 2007, the Defendant made a false statement to the victim D, who was aware of about the following sand gathering business at an insular place, stating that “The Defendant would not cause any loss or damage to the investment funds made in the following sand gathering business. In the original state, a friendly-gu holding the land in ten thousand square meters of a total sum of the land would sell it and take over the sand gathering business. The Defendant would receive the down payment or intermediate payment on the land. It would borrow money.”

However, the facts are that the Defendant had been in bad credit standing since 2005, and the obligation without any special property was about 400 million won, and that he had sold the land to take over sand gathering business.