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(영문) 대구지방법원 김천지원 2017.08.22 2017고단129

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to seven years of imprisonment for robbery, etc. at the Daegu High Court on January 13, 2005, and completed the execution of the sentence on May 6, 201.

[Criminal facts] 2017 Highest 129

1. On May 22, 2012, the Defendant against the victim C is obliged to pay the cost of the operation in question to the victim C at a place where the father’s parents cannot know at the time of Gumimisi, around May 22, 2012.

It shall be paid with the loan of money.

‘False speech' was made.

However, in fact, since Defendant was the intent to use the money acquired through deception as daily living expenses, there was no idea to use the money as above, and there was no intention or ability to repay the personal debt exceeding KRW 50,000 at the time, and there was no other property, and therefore, there was no intention or ability to repay the money even if it was borrowed from money.

Nevertheless, the Defendant, as seen above, acquired 2,00,000 won from the victim C to the account in the name of the Defendant, and acquired 2,000,000 won from May 12, 2012 to March 13, 2013, and acquired 33,40,000 won in the name of borrowing money, etc. over 16 times from around May 12, 2012 to around March 13, 2013, and acquired 4,146,840 won in total by means of having the victim bear the credit card payment liability, etc. as shown in the attached Table 1, 16,840 won in the crime list.

2. On October 17, 2012, the criminal defendant against the victim D had no money in order to obtain funds from the victim D when he/she sold his/her vehicle-related business to the victim D.

He/she shall, even if he/she sells gold, be paid back later.

‘False speech' was made.

However, in fact, the Defendant did not engage in the vehicle-related business at the time, as well as the Defendant had personal liability exceeding KRW 50,000 at the time, and did not have any other property, so the Defendant would pay the price even if he borrowed the said goods.