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(영문) 대구지방법원 김천지원 2015.02.11 2014고단1499
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 14, 2012, the Defendant was sentenced to a suspended sentence of two years on December 22, 2012 in the Seo-gu District Court Branch Branch of the Daegu District Court for the purpose of fraud, and the said judgment was finalized on December 22, 2012.

[Fact-finding, around June 3, 2007, the Defendant concluded that the insurance company did not have any goods only sold to outstanding members, and that even if having received investments from the victim B, the Defendant did not have the intent or ability to pay the profits. The Defendant received a total amount of KRW 50 million from June 5, 2007 to July 2, 2007, on the ground that “only 20% interest shall be paid to outstanding members in merpt life,” and that it was issued from the victim four times in total from June 5, 2007 to July 2, 2007.

【Criminal Facts】

1. Around August 25, 2008, the Defendant made a false statement to the victim B by calls from the victim B at a remote area of not more than the Gu-U.S. Si around August 25, 2008, stating that “Additional Investment is made in the invested goods.”

However, even if the defendant received investment money from the victim, he did not have the intent or ability to make profits by investing the money in the investment product, and was thought to use the money received from the victim for the purpose of paying the personal debt of the defendant.

As above, the Defendant, by deceiving the victim as above, was given KRW 12 million under the name of the victim to the Daegu Bank Account (C) under the name of the Defendant on the same day.

2. Around January 2, 2009, the Defendant made a false statement that “Around January 2, 2009, the Defendant called the victim B by phone from the Gu, Si, Si, and Gu, Si, and Gu.”

However, even if the defendant received investment money from the victim, he did not have the intent or ability to make profits by investing the money in the investment product, and was thought to use the money received from the victim for the purpose of paying the personal debt of the defendant.

The defendant deceivings the victim as above.

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