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(영문) 대구지방법원 서부지원 2014.12.11 2013고단294

사기

Text

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

except that 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

"2013 Highest 294"

1. On March 11, 2012, the Defendant made a false statement to the victim C (a person aged 41) who was aware of the fact at the two-class parks rest areas located in the Daegu-gu Two-dong, Seo-gu, Daegu-gu, to the effect that “Around the implementation of the apartment project in the city of Gyeongnam-do. The Defendant would make the principal repaid within several months and would allow him/her to remain at the future interest if he/she invested insufficient expenses.” On June 11, 2012, the Defendant received a remittance from the victim on June 11, 2012.

However, at the time, the defendant was not able to pay the principal and profit to the victim because he did not have any other property or income as the bad credit holder in the financial institution, and there was no intention or ability to pay the expenses from the victim for the apartment execution project.

Accordingly, the defendant was given 500,000 won property by deceiving the victim.

2. On June 8, 2012, the Defendant, via telephone, may bring high profits on a short period to the victim C. When lending money, the Defendant provided automobiles and documents received from the customers as security and received the principal and interest necessarily from the victim’s victim’s money. When lending money, the Defendant provided the money as security and received KRW 4.75 million on the same day, KRW 2 million on June 15, 2012, and KRW 9.5 million on June 27, 2012 from the victim.

However, the Defendant did not have any other property or income, and there was no intention or ability to pay the profits earned from the automobile security loan business under the plan to use them as a casino business expense, etc., so even if he borrowed money from the victim.

Accordingly, the defendant was given property worth 1,6250,000 won by deceiving the victim.

3. On May 27, 2012, the Defendant prepared for the victim C’s exclusive casino ticket business in the Daegu Suwon-gu E casino located in D.