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(영문) 대전지방법원 2013.04.26 2012고단3534

사기등

Text

A defendant shall be punished by imprisonment for three years.

The defendant directly suffers 2,650,000 won from direct physical damage to C who is an applicant for compensation.

Reasons

Punishment of the crime

On March 27, 2009, the Defendant was sentenced to imprisonment of one year and ten months in the Ulsan District Court for fraud, and completed the execution of the sentence in the Daegu Prison on September 19, 2010.

[2012 Highest 3534] The Defendant, while requesting for laundry to the “Glaundry” operated by the Victim F (L, 69 years of age) in Seo-gu, Daejeon, was aware that the victim was old and married, was able to take money by deceiving the victim. On April 2011, the Defendant accessed the victim with the view that “If the registration is made as a permanent resident, the Defendant may receive rice from the State every month, and receive money KRW 00,000,000,000 from the State every month. The father of Na, his father, who was in close relation with the head of the Gu, had the victim registered as a permanent resident. As such, the Defendant accessed the victim’s laund by deceiving the father of the Defendant.”

1. On April 7, 2011, the Defendant: (a) in the Glaundry “Gundry” around April 7, 201; (b) even if the Defendant borrowed money from the victim, the Defendant did not intend or have the ability to repay the debt at the time due to the absence of any other property; (c) provided that “I would pay money within 2-3 days if I would pay money to I would pay money; and (d) was obtained from the victim in cash and obtained 4 million won on the same day from the victim.

2. On May 9, 201, the Defendant: (a) in the Glaundry “G laundry” around May 9, 201; (b) even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to pay the interest at the time of the victim’s wishing to engage in the bond business with the said money; (c) provided that “I would pay the interest at any time when I want to lend the money to the customer due to the shortage of money to be lent to the customer; and (d) received the money from the victim in cash and acquired it by defrauded.

3. The Defendant’s money in the Glaundry “Glaundry” around May 201, and the fact is money from the victim.