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(영문) 대구지방법원 2019.09.25 2019고단2546

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 1, 2016, the Defendant stated that “C”, which is a store for the sale of household goods in the Gandong-gun, G, which is located in the Gandong-gun, “C,” that “A large amount of money for gambling with the Defendant, was lost, and four petities were lost. However, since the monthly wage of the occupation is KRW 45 million, the monthly wage of KRW 45 million is to be lent to the head of the occupation, and KRW 50,000,000,000 won, and if the head of the occupation does not receive the money, he/she shall be responsible for and repaid the money.”

However, in fact, even if the "C", which is a store for the sale of household goods operated by the defendant, lends money to the victim to another person to the extent that it is impossible to pay the money, there was no intention or ability to assume the responsibility.

On June 1, 2016, the Defendant received 8.5 million won in cash from the victim’s wife E account, and received 1.25 million won in cash on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 20, 2016, the Defendant stated that “C”, a sales store for household goods located in Gumi-si B, stating that “A”, “A had any value less than the value of the goods at the time of a logistics warehouse before the filing of a complaint and constitutes an auction; the same shall apply to the payment of the value of the goods, which is short of KRW 30,000,000,000,000, paid for one month, would be paid for only two months, and the Defendant would sell the real estate owned by Da and receive the down payment, and the Defendant would receive KRW 100,000,000,000,000,000

However, in fact, the defendant did not have any intent or ability to repay the real estate even if he/she borrowed money from the victim in the absence of the contract of sale.

On November 22, 2016, the Defendant received KRW 5 million from the victim to the F Association account in the name of the Defendant’s wife E on November 22, 2016, and received KRW 5 million in cash on November 30, 2016.

In this respect, the defendant deceivings the victim to take property.