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(영문) 대구지방법원 2018.09.07 2018고단2303
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal records] On January 28, 2016, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daegu District Court on June 4, 2016, and the judgment became final and conclusive on June 4, 2016. On April 7, 2017, the Defendant was sentenced to three months of imprisonment for fraud in the same court, and the judgment became final and conclusive on April 15, 2017.

[Criminal facts]

1. On February 11, 2012, the Defendant, at around 14:00 on February 11, 2012, received a loan from the victim D at the victim D’s house located in the Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, “E” and received a loan as security by taking over the company, and taking out a loan as security, and the appraisal cost is urgently required, and repaid within the number of days if the loan is lent.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not take over the above E company and did not have any property or income, so there was no intention or ability to repay the money even if he borrowed money from the injured party.

The defendant deceivings the victim as above, and he received cash of KRW 30 million from the victim, i.e., the victim.

2. On January 2, 2013, the Defendant, at around 10:00 on January 2, 2013, 2013, made a false statement to the effect that “The Defendant would lend KRW 50 million to E, because, at the victim D’s house located in Cheongdo-gun, Cheongdo-gun, the Defendant would make an investment of KRW 1% of the fee in advance at the company’s house located in the Red bean-do-gun, the Defendant would make an investment of KRW 50 billion.”

However, in fact, the Defendant did not have any intention or ability to make a change for the same reason as the entry in paragraph 1.

The defendant deceivings the victim as above, and he received cash 50 million won from the victim, i.e., the victim, and acquired it by fraud.

3. The Defendant committed the crime of June 30, 2013, at around 16:00 on June 30, 2013, at the victim D’s house located in Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, the victim “it was necessary to make an appraisal to obtain a previous loan, and thus, the Defendant would immediately receive the loan fee of KRW 25 million from the face of the week.

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