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(영문) 대구지방법원 2016.04.21 2015고단4752
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 13, 2014, the Defendant was sentenced to a suspended sentence of two years on one-year imprisonment with labor for violation of the Narcotics Control Act, etc. in the Support for the Magwon method and was operated on August 25, 2015 with the trade name “D” in Daegu Suwon-gu C.

1. Fraud to victims E;

A. On February 2, 2015, the Defendant stated that “The Defendant would pay the price in cash immediately on the face of the week to the cafeteria that supplies the cafeteria to the victim E who supplies the cafeteria at the cafeteria.”

However, in fact, even if the Defendant was supplied by the injured person, but did not have the intent or ability to pay the price, the Defendant was supplied from February 23, 2015 to March 30, 2015 with the scrap equivalent to KRW 22,920,392 at the market price.

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

B. On March 19, 2015, the Defendant received KRW 3,500,000 from the injured party on the following day by phone call to the victim, stating that the Defendant did not have the intent or ability to pay the borrowed money even if he/she borrowed money from the injured party, and that “I would immediately deposit the borrowed money if it is necessary to prevent the funds from being urgently borrowed,” and received KRW 3,50,000 from the injured party.

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

2. On May 16, 2015, the criminal defendant against the victim F made a false statement to the victim F by phone call to the victim F to the effect that the Defendant would pay the price by the day of the prime demand by delivery of the cost of settlement within Korea.

However, the defendant did not have any intention or ability to pay the price even if he receives the payment from the injured party due to the lack of money.

Nevertheless, the Defendant received one-half of the amount of KRW 1,077,450 from the injured party on the same day.

In this respect, the defendant was damaged.

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