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(영문) 대구지방법원 서부지원 2015.09.17 2015고단1130
사기
Text

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

Reasons

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Daegu District Court on March 5, 2015, and one year of imprisonment with prison labor at the above court on March 5, 2015, and is still pending in the appellate trial as the above court No. 2015No2430 and No. 2015No2537.

1. On May 2013, the Defendant: (a) found the victim P known to be hospitalized at the Daegu Mati Hospital on the earlyma of 2013; and (b) tried to obtain money by iceing the trust funds of a financial institution.

On September 28, 2013, the Defendant: (a) made a trust of KRW 350 million in total, including KRW 200,000,000 in the name of his father and mother in the name of his father and mother, in the name of his father and mother, in the name of his husband and wife in the Daegu-gu Q. On September 2013, the Defendant made a false statement to the effect that “I would pay the value of the de facto card to the minor’s trust because his father and wife became an adult on October 28, 2013.”

However, in fact, the trust funds of financial institutions under the name of the defendant's father did not exist at all, and at the time, the defendant did not have any income and bears a large amount of obligation, so even if he borrowed credit cards from the victim, he did not have the intention or ability to pay the amount normally.

Nevertheless, on September 14, 2013, the Defendant received the NAC card from the victim and used 400,000 won by withdrawing and using the cash service with the said credit card on the same day, and used 25,417,510 won in total with the said credit card from October 28 to October 28 of the same year, but did not pay the amount.

On November 6 of the same year, the Defendant again received 28,500,000 won from the victim on the ground that “The trust money of his/her married is seized due to the failure to pay the money, and the money is required to be cancelled.”

Accordingly, the defendant deceivings the victim as above and takes the total amount of KRW 53,917,510.

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