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(영문) 대구지방법원 2020.02.11 2019고단5542

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. Around 15:00 on April 19, 2019, the Defendant made a false statement to the victim B that he would pay KRW 5,500,000 to the victim B at the coffee shop located in the new Dong-gu, Daegu-gu, Daegu-gu, Daegu-dong (Seoul-dong) for the defense against the Defendant’s use of computers, etc.

However, the defendant did not have the intention or ability to pay the fees normally even if he had the victim leave the defense of C.

As above, the Defendant, by deceiving the victim, had the victim leave the defense of C, and did not pay 5.5 million won the fees.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. On May 3, 2019, the Defendant made a false statement to the victim that “I would like to know that it is necessary to purchase 1.2 million won in the agreement with the victim on the use of a computer, etc., which is in charge of defense from the victim, and that “I would like to pay 1.2 million won in the agreement, if the purchase price is paid on or around May 13, 2019, if the purchase price is paid, I would have to pay 1.2 million won in the agreement.”

However, the defendant did not have sold officetels, so the defendant did not have any intention or ability to repay the agreed amount even if the victim paid it by substitute.

As above, the Defendant enticed the victim, and caused the victim to pay 12 million won on behalf of the victim under the pretext of C’s agreement.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement in B;

1. Application of the instant delegation agreement, the Kakao Stockholm conversation, and a copy of the judgment;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The types of recommendations according to the sentencing criteria;