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(영문) 대구지방법원 서부지원 2013.07.16 2013고단380
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On December 17, 2009, the Defendant was sentenced to a suspended sentence of 8 months for fraud in the Daegu District Court, and was sentenced to a suspended sentence of 2 years for fraud and eight times more for the same fraud power.

1. On June 17, 2010, the Defendant made a false statement to the victim E in the D-ground parking lot located in the Daegu Seo-gu, Seogu, Daegu-gu, Seoul-gu, stating that “I would receive money if I would do any work in D, but his father’s hospital expenses will be fluored, and one million won will be repaid within several days.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Accordingly, the Defendant received one million won from the victim, i.e., the victim, and acquired it by fraud.

2. On June 25, 2010, the Defendant concluded on June 25, 2010 that, within the F cafeteria located in Daegu-gu, Seogu, Daegu-gu, “I will pay KRW 10 million each month to the Victim G, while I will pay KRW 10 million each month.”

However, even if the defendant borrowed the above money from the victim, he did not have the intention or ability to repay it.

Accordingly, the Defendant received 50,000 won from the victim to the account of the Defendant and acquired 10,000 won in total from the victim.

3. On July 15, 2010, the Defendant made a false call to the victim G on July 15, 2010 and made a false statement to the effect that “The Defendant would make a full payment within one month with a loan of three million won.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Accordingly, the defendant received 3 million won from the victim to his own account and acquired it by fraud.

4. On August 1, 2010, the Defendant committed fraud on August 1, 2010: (a) around 20:00, the Defendant borrowed KRW 6,40,000,00 from the victim H in Daegu-gu, Seo-gu, Daegu-gu, Seoul-gu, with the “number of days used; and (b) the Defendant has to complete the payment.”

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