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(영문) 대구지방법원 포항지원 2019.08.22 2019고단756
사기
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. On August 17, 2018, the Defendant made a false statement to the effect that “Around August 17, 2018, the Defendant would pay money to the victim B by introducing a place where hospital expenses may be required due to hospitalization in a hospital by liveram, and then doing work at such place. If the Defendant borrowed KRW 4 million from a hospital, part of the money will be used for the hospital expenses and work at a place that was introduced after using it for the sex treatment.”

However, even if the Defendant borrowed money from the victim, it was intended to use it for the repayment of personal debt, and the Defendant did not have the intent or ability to repay the borrowed money to the victim because the victim did not have any intent to work at the place where the victim introduced.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 4 million from the victim to the C Association account (D) in the name of the Defendant on the same day.

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

B. Around August 20, 2018, the Defendant made a false statement to the effect that “In a place where the location is unknown on August 20, 2018, the Defendant would make a payment by introducing an additional KRW 3 million if the hospital cost is deficient, thereby making a loan to the victim B with an additional KRW 4 million.”

However, even if the Defendant borrowed money from the victim, it was intended to use it for the repayment of personal debt, and the Defendant did not have the intent or ability to repay the borrowed money to the victim because the victim did not have any intent to work at the place where the victim introduced.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the C Association account (D) in the name of the Defendant on the same day.

Accordingly, the defendant deceivings the victim to deliver property.

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