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(영문) 대구지방법원 2020.09.17 2019고단5341
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Around August 24, 2011, the Defendant made a statement to the effect that “Around August 24, 2011, the Defendant would borrow money from the victim’s D agency in the operation of the victim C, which is located in Chungcheongnam-gun, Chungcheongnam-do.”

However, at the time of fact, the defendant had no intention or ability to repay the borrowed money with the property or income of the defendant because of a large amount of debt.

On August 24, 2011, the Defendant, by deceiving the victim as above, received KRW 3 million in cash from the victim’s agricultural bank account under the name of the Defendant from the victim, and received or delivered KRW 49.9 million in total from around that time to October 15, 2015 in the same way as shown in attached Table 1.

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

2. Around August 28, 2015, the Defendant: (a) stated that the instant D agency said that “A victim would operate a used car dealer in the old and old, with an investment of KRW 50 million in the investment of KRW 50,000,000, the Defendant would take half of the monthly profits.”

However, the defendant was thought to use some of the above investment funds as personal debt repayment or living expenses, etc., and there was no intention or ability to pay the principal and profits.

As above, the Defendant, by deceiving the victim, received KRW 50 million from the victim to the Daegu Bank Account in the name of E on August 28, 2015.

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

3. Around November 25, 2015, the Defendant: (a) stated in the foregoing D agency that “A victim C will receive KRW 450 million for damages caused by multi-level apartment fraud through the head of the office of the secretary-general, which is between F and the head of the office of the secretary-general. Money to investigators and correctional officers shall be given to the correctional officer; and (b) a person who is able to be considered in the work shall be employed.”

However, the defendant is the victim.

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