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(영문) 대구지방법원 2014.04.25 2013고단4140

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2012, the Defendant was sentenced to the suspension of the execution of eight months of imprisonment for fraud at the Daegu District Court on December 28, 2012, and the judgment became final and conclusive on June 8, 2013.

The Defendant, with the knowledge of the fact that the victim was not receiving retirement allowances from the above company, was a volunteer fee from the victim C and the (State) E located in the Gyeongbuk-si, Gyeongbuk-si, and that the victim sent money to the victim at a non-permanent place on March 2011, the Defendant made a false statement that “the victim sent money for the purpose of receiving retirement allowances not received from the company as a deposit money.”

However, at the time, the defendant had no intention or ability to receive retirement allowances from the victim even if he received money from the victim, because he had been willing to receive money as a deposit money from the victim for personal living expenses.

On March 18, 2011, the Defendant received a total of KRW 14,952,00 from the victim to the Defendant’s account under the name of the Defendant, from the time when he received the money under the name of the Defendant, and acquired a total of KRW 14,952,00 through 20 times, such as the list of crimes, from January 18, 2012.

On December 28, 2012, the Defendant was sentenced to a suspended sentence of 2 years on June 8, 2013 at the Daegu District Court, which was sentenced to a suspended sentence of 8 months for fraud. The judgment became final and conclusive on June 8, 2013.

On July 16, 2012, the Defendant made a false statement to the victim F in front of the Simsan City located in the Simsan-si in the Simsan-si, stating that “A person would pay money if he/she lends money to him/her.”

However, at the time, the Defendant had no income due to the absence of a certain occupation, and was investigated by the crime of false fraud by which he had acquired money from other persons, and was willing to use money from the victim as a agreed deposit for the crime of false fraud. Therefore, even if the Defendant borrowed money from the victim, he did not have the intent or ability to pay the money normally.

The defendant is against the victim on December 2012.