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(영문) 대구지방법원 2021.02.09 2020고단6210
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Fraud;

A. On July 2012, the Defendant, at a restaurant located in the Seo-gu, Daegu-gu, Daegu-C, concluded that “The Defendant would invite a knicker in Vietnam to Korea” to the victim B.

However, it is unclear whether the defendant has made a false invitation as if he/she performed the work even though he/she did not perform the work at the company, and even if he/she has received the advance payment from the injured party, the defendant did not have any intent or ability to invite the relative of the injured party in Vietnam to Korea.

As such, the Defendant, by deceiving the victim, received 3,400,000 won from the victim under the pretext of the non-deposit of invitation at around that time, and acquired it by fraud.

(2) On September 2013, the Defendant calls to the above victim B and pays 1,650,000 won to the victim B.

“The phrase “ was false.”

However, the defendant was in an economically unstable state in illegal stay at the time, and is willing to invite Vietnam from others.

At the same time, there was no intention or ability to repay money from the injured party, such as paying the amount equivalent to the amount of money to be repaid, even though it was impossible to invite the person to receive the advance payment.

The Defendant, as such, by deceiving the victim, received 1,650,000 won from the victim as the borrowed money around that time, and acquired it by deceiving the victim.

B. Around March 2013, the Defendant made a false statement with the victim D, stating that “The Defendant, in the currency of the victim D, invited the son’s relative in Vietnam to Korea.”

However, as above, the Defendant did not have any intent or ability to invite the friendship of the victim in Vietnam to Korea even if he/she receives a non-titled advance payment from the victim.

The Defendant is identical to this.

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