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(영문) 대구지방법원 2014.01.17 2013고단5025
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On August 22, 2013, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for fraud at the Daegu District Court, which became final and conclusive on August 30, 2013.

1. Crimes against victims C;

A. On October 27, 2010, the Defendant made a false statement on October 27, 2010 to the victim C that “I would pay back money after two to three (2) months if I would not have any money to operate a Class-based shopping mall in the E coffee shop located in Daegu Suwon-gu D. In addition, I would pay back the loan interest.”

However, the defendant had no ability or intent to repay the amount even if he borrowed the amount from the victim because there was considerable debt at the time and there was almost no net profit in shopping mall operated by the defendant.

The Defendant received 14,00,000 won from the victim’s new bank account in the name of the Defendant.

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

B. On December 2010, the Defendant committed the first police officer on December 2, 2010, the Defendant made a false statement to the victim C at the same place as indicated in the foregoing paragraph (1) to the effect that “if there is any money to be used urgently, there is any money to be used urgently, it would be changed to the extent that it would be possible to be used. Only one month should be used. The father’s share the money in return for the following month.”

However, the defendant had no ability or intent to repay the amount even if he borrowed the amount from the victim because there was considerable debt at the time and there was almost no net profit in shopping mall operated by the defendant.

The Defendant received from the victim a total of KRW 12,90,000,000 on December 9, 2010, and KRW 5,000,00 on December 10, 2010, and KRW 12,900,000 on December 11, 2012, from the victim’s new bank account in the name of the Defendant.

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

2. The Defendant committed a crime against the Victim F shall be the victim F at a place where it is impossible to identify the place where the police officer cannot be identified on June 2012.

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