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(영문) 대구지방법원 서부지원 2017.01.12 2016고단2202
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment for fraud at the Daegu District Court on October 6, 201, and the execution of the above sentence was terminated on May 22, 2012. On July 21, 2016, the Daegu High Court sentenced two years to imprisonment for fraud, etc., and the above judgment became final and conclusive on July 23, 201.

【Criminal facts】 On July 2013, the Defendant: (a) the victim E, who operated the title “D”, located in Jung-gu, Daegu-gu, (b) around July 2013, operated the said title-based entertainment store; (c) was also operating the said title-based entertainment store; and (d) was able to make a profit by converting the said title-based entertainment store into the entertainment store; and (e) was approaching the price by selling it.

The Defendant, around July 17, 2013, purchased a large volume of merchandise coupons at a discount to the victim, and is also running a business of returning the merchandise coupons to the commercial building on a regular basis. However, it is urgently needed to supply the merchandise coupons.

After disposing of merchandise coupons, false statements were made to the effect that the gift certificates are disposed of, and the profits therefrom are repaid eight million won after aground.

However, the defendant did not have any intention or ability to pay the above money to the victim because he thought that he would use the money received from the victim for the business fund of "F" and other debt repayment.

Nevertheless, the Defendant received KRW 8 million from the injured party to the Agricultural Cooperative Account under his/her management on the same day, and received KRW 70,600,000 in total on seven occasions from July 21, 2014 to May 16, 2015, such as the list of crimes in the attached Table.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Inquiries about details of account transactions in the complainant's name;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to previous rulings), investigation report (Attachment to list of personal confinement status), and Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts; and

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