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(영문) 대구지방법원 김천지원 2017.02.09 2016고단1417
사기
Text

Defendant 1 was punished by imprisonment with prison labor for each of the crimes in the annexed crimes Nos. 1 and 2 in the [Attachment 2016 High Order 1417].

Reasons

Punishment of the crime

On October 14, 2009, the Defendant was sentenced to a suspended sentence of three years on October 22, 2009, for special larceny in the Daegu District Court Kimcheon Branch of the Daegu District Court on October 14, 2009, and the judgment became final and conclusive on October 22, 2009.

On January 16, 2009, the Defendant made a false statement to the victim E, “D” stores in the Gu-U.S. Si’s vehicle supplies, stating that “I will lend money to the victim E that there is a lack of money in doing so. I will pay back and pay interest after several months if I lend money.”

However, in fact, the Defendant did not think of the actual bid of the studio building, and the Defendant did not have any intent or ability to complete payment even if he borrowed money from the injured party, in the event that obligations such as KRW 10 million for bank loans, KRW 7 million for card loans, KRW 30 million for personal debts, and KRW 30 million for personal debts, were accumulated.

Even so, the Defendant: (a) had, as seen above, induced the victims to transfer KRW 10 million on the same day from September 7, 201; and (b) had, from that time until September 7, 201, by deceiving the victims as described in the list of crimes in the attached Table, received KRW 101,660,000 in total 19 times.

Accordingly, the defendant was informed of the victims to receive property.

On January 26, 2010, the Defendant called “D” motor vehicle product stores located in Gumi-si, Gumi-si, Seoul, to pay the value of the goods one week after lending KRW 5 million to the victim F.

However, in fact, the Defendant did not have any intent or ability to repay the debt of the bank loan amounting to KRW 10 million, KRW 7 million, KRW 30 million, and KRW 30 million, and thus, the Defendant did not have any intent or ability to repay the debt even if he borrowed money to the victim.

In the end, the defendant deceivings the victim as above, and he received 5 million won from the victim and acquired it by transfer.

around August 5, 2010, the defendant of "2016 Highest 1535" imported a man-made punishment from China to the victim within the scope of I operated by the victim H in Kimcheon-si Kimcheon-si G, and "in Korea" imported a man-made punishment from China.

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