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(영문) 대구지방법원 2018.02.13 2017고단4243

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 24, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Daegu District Court, and the said judgment became final and conclusive on July 1, 2016.

1. On May 13, 2013, the Defendant: “Around May 13, 2013, the 2017 Highest 4243, the Defendant made a telephone call to the victim D; “Around 3 months shall be paid for the amount of KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,

However, in fact, the Defendant paid 60 million won to the individual debt without any particular property or income, and the Defendant had already invested money in the name of a partner, an investment money, and a price for goods from many investors, but did not pay the investment money promised to it. Thus, even if the Defendant received money from the injured party, there was no intention or ability to pay the principal and interest of the loan within the date agreed upon.

The Defendant, as such, by deceiving the victim, received KRW 15,902,835 from the injured party to the Agricultural Cooperative Account in the name of E, and thereafter received KRW 105,894,271 in total five times from that time until July 2, 2013, as stated in the list of crimes in the attached Table.

2. "2017 Highest 7,109".

A. On September 2015, the Defendant, at the marina business place located in Daegu-gu, Daegu-gu, 2015, could make a lot of profits when operating marina business to the victim G. In doing so, the Defendant made a false statement that it is necessary to pay a down payment of KRW 10 million in accepting 10,000,000 in the Daegu Suwon-gu H and the third floor H.

However, in fact, even if the Defendant was at the time of the occurrence of the damages and the Defendant received the down payment from the injured party, he was expected to use it for the repayment of his existing debt, and he did not have the intent or ability to do so by accepting the said I marina.

The defendant deceivings the victim and is under his control.