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(영문) 대구지방법원 2013.07.26 2012고단7112
사기
Text

Imprisonment with prison labor for the crimes of No. 1 of the judgment of the defendant, and for the crimes of No. 2, 3, and 4 of the judgment of the court below, six months.

Reasons

Criminal facts

On October 26, 2010, the Defendant was sentenced to a suspended sentence of two years for six months, due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, in the public order branch of the Daejeon District Court. On November 3, 2010, the sentence became final and conclusive.

【2012 Height7112】

1. On June 10, 2010, the criminal defendant against the victim C told the victim C to pay the processing fee without molding until August 31, 2010, at the (State) E office located in P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, for the 21st century company.

However, the above fact was that there was no company in the 21st century, and the defendant had to purchase all the above originals on credit and pay the purchase price at all times, so there was no intention or ability to pay the processing fee to the victim by August 31, 2010.

As above, the Defendant, by deceiving the victim as above, had the victim process the above original intent as the original body, thereby acquiring the pecuniary benefits equivalent to KRW 5,510,196.

2. Fraud against victim F;

A. On November 5, 2010, the Defendant told the victim F of the H office located in the Hagu Seo-gu, Seogu, Daegu, that “on December 5, 2010, the Defendant would make payment from the Supplier because it would be settled at the Supplier on the ground that the sampling would be made if he inputs of his original will and productions of sampling.”

However, as above, the above facts do not lead to settlement, but rather to establish and supply the actual original body rather than the sampling, and the defendant is unable to pay the original body to the victim if he fails to supply the original body as above due to the lack of other property. Thus, the defendant did not have the intent or ability to pay the original body price to the victim until December 5, 2010.

On November 23, 2010, the Defendant, by deceiving the victim as above, received from the victim an original intent equivalent to KRW 13.5 million from the J, which is located in Sinsan-si I on November 23, 201.

B. The Defendant on 2010.

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