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(영문) 대구지방법원 2016.09.23 2016고단3378

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 2014, the criminal defendant against the victim B was running a package tour business to which he/she can provide accommodation from a travel company with a swimming pool, by telephone, to the victim B at the end of August 2014.

If a person lends money to the above business as required, he/she shall pay the money immediately.

“.......”

However, the defendant thought that he would use the money that he received from the injured party for other purposes, such as repayment of debt, etc., and since he/she committed a debt amounting to KRW 90 million, there was no intention or ability to repay the money from the injured party even if he/she borrowed the money from the injured party.

The Defendant received a total of KRW 10 million from each transfer of KRW 6 million on September 1, 2014, KRW 10 million on November 20, 2014, and KRW 3 million on December 21, 2014, from the victim’s Daegu Bank Account under the name of the Defendant.

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

2. Fraud against the victim C;

A. On December 29, 2014, the Defendant committed the crime on December 29, 2014, to the Victim C by phone call, “The Defendant is running a package tour business with a large pool of lodging at a tourr accompanied by a swimming pool,” and the Defendant should wear a large number of guest rooms.

If a person lends money to the above business as required, he/she shall pay the money immediately.

“.......”

However, the defendant thought that he would use the money that he received from the injured party for other purposes, such as repayment of debt, etc., and since he/she committed a debt amounting to KRW 90 million, there was no intention or ability to repay the money from the injured party even if he/she borrowed the money from the injured party.

On December 29, 2014, the Defendant received KRW 2 million from the damaged party to the Daegu Bank Account under the name of the Defendant.

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

B. On January 19, 2015, the Defendant committed the crime on January 19, 2015, by telephone to the Victim C, “the mother’s hospital cost is urgently needed.”