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(영문) 대구지방법원 2015.02.17 2013고단6997

사기

Text

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

Reasons

Punishment of the crime

On August 11, 2005, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Daegu District Court on August 3, 2006, and completed the execution of the sentence in the Daegu Prison on August 3, 2006. On January 9, 2014, the Daegu District Court sentenced the Defendant to four months of imprisonment for fraud, etc., and became final and conclusive on January 17, 2014.

[Article 2013 Highest 6997]

1. On October 1, 2008, the Defendant made a false statement to the effect that “The Defendant would pay clothes value, etc. in cash after a credit card is not used,” to the victim D, who is operating the said store, together with C, at a 4th floor medical sales store located in the Jung-gu Daegu-dong, Daegu-gu, Daegu-gu.

However, even if the defendant purchased clothes from the victim on credit, he did not have any intention or ability to pay the price.

Nevertheless, the Defendant conspired with C to induce the victim and received 430,000 won or less from the victim.

In addition, from that time until December 20, 2008, the Defendant received the clothes, bags, shoess, and labels equivalent to a total of KRW 25,432,00 in total on seven occasions, as shown in the attached crime list, from that time until December 20, 2008.

2. On December 8, 2008, the Defendant issued 1 copy of par value 47.8 million won and note E number 1 to the above victim, stating that “The Defendant, at the place specified in the preceding paragraph, would have changed the credit value with C as a promissory note.”

However, the above bill issued by the Defendant was not a normal bill, such as being aware of the fact that the bill will be in default when it is presented for payment.

Nevertheless, in collusion with C, by deceiving the victim as such, it shall be transferred from the victim to C's national bank account as a discount amount.