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(영문) 대구지방법원 2018.06.05 2017고단6428

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 2016, the Defendant made a false statement to the victim D that “I will receive KRW 2 million by selling the drones of the party in his/her custody with a strong height from the third floor of the building located in the Daegu Suwon-gu Building B, 2016.”

However, in fact, the Defendant was thought to use the drones owned by the victim for personal purposes, such as the cost of sale, which is an employee, and on the other hand, the sales of the drones in January 2016 was 23 million won, and did not have any particular property. Since the Plaintiff did not have any income, the Defendant did not have an intention or ability to pay KRW 2 million for the sales of drones.

As such, the Defendant, by deceiving the victim, was issued a drone equivalent to KRW 2,300,00 in the market price from the victim.

2. On December 2, 2016, the Defendant did not have any drone purchase price to the victim at the sales store above C around December 2, 2016.

In the case of lending KRW 180,00,000, 1800 is to purchase drones and sell them to E, and to pay KRW 1.8 million after receiving sales proceeds.

The phrase “ makes a false statement.”

However, in fact, the defendant thought that he would receive money from the injured party for personal use, such as living expenses, and on the other hand, the sales of the first drone in 2016 was 23 million won, and did not possess any property. Since there was no income, even if he received 1.8 million won from the injured party, he purchased drones, and sold it to E and did not have the intention or ability to pay the sales proceeds.

The Defendant, as such, by deceiving the victim, received 1.8 million won from the damaged party to the Daegu Bank Account (F) in the name of the Defendant.

3. On December 10, 2016, the Defendant: “Around December 10, 2016, the Defendant need to pay money to the victim for resolving the case of accusation from many persons.”

On February 28, 2017, when lending KRW 12 million, the office shall be repaid until February 28, 2017, and if the repayment is not made until then, the office shall be held.