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(영문) 대구지방법원 안동지원 2014.02.18 2013고단407
사기
Text

A defendant shall be punished by imprisonment for four 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 March 29, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Daegu District Court, and the said judgment became final and conclusive on April 6, 2013.

1. On November 30, 201, the defrauded, against the victim C, concluded that the “E” of the Defendant’s operation, which was located in D at a permanent domicile of November 30, 201, would sell the victim C with an massage chairs used by the Defendant for the victim C at KRW 1 million.

However, in fact, since he had already been seized to a bonds company on November 201, 201, the defendant had no intention or ability to sell the bonds with the intent to sell them even if he has received the amount promised from the victim.

The written indictment seems to be written to the effect that “the defendant did not have the intent or ability to pay the price promised even if he/she received the above person for the massage in mind from the victim.”

The defendant received one million won in cash from the victim on the same day, and acquired it by fraud.

2. On October 6, 201, the criminal defendant against the victim F made a false statement to the victim F that “I will complete payment for 100 days from the loan of funds to purchase red ginseng, etc.” at the place under the preceding paragraph.

However, since the defendant was liable for a debt of 70 million won or more at the time, if he borrowed money from the victim, he should use it for the payment of the existing debt, and there was no intention or ability to repay the principal and interest of the borrowed money.

The defendant was obtained from the victim 2.88 million won on the same day, and acquired it by fraud.

In addition, the Defendant, from around that time to November 24, 201, by deceiving the victim more than four times in total, and obtained a total of 18,460,000 won from borrowed money, such as the statement in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. A copy of each borrowing certificate, a copy of a real estate sales contract, and a copy of a report of attachment;

1. Previous convictions: Criminal records and investigation reports (Attachment to the second instance judgment).

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