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(영문) 대구지방법원 서부지원 2016.10.20 2016고단1204
사기
Text

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

around December 2014, the Defendant was introduced with the victim C from the branch around December 2014, and only until July 2015, under the pretext of teaching for marriage.

1. On February 11, 2015, the Defendant called the victim’s phone and made a false statement to the effect that “The Defendant was in preparation to open the head office post office in the vicinity of the head office distance, and would pay 1,300,000 won if the purchase cost of materials is lent. Money wired to the account under the name of E, the president of the D president.”

However, at the time, the defendant was a bad credit holder, and there was no particular property or income, so even if the victim paid material cost instead of material cost, the victim did not have the intent or ability to pay the amount to the victim.

The Defendant, by deceiving the victim as such, wired the victim to the national bank account in the name of E on the same day, and caused the victim to settle the costs of materials in the marina paper to be used by himself/herself, thereby acquiring pecuniary profits equivalent to the same amount.

2. On March 11, 2015, the Defendant made a false call to the victim and made a false statement to the effect that “The Defendant would immediately pay 5 million won if he/she lends money to the head office of the Riri-distance with the shortage of KRW 5 million to the head office.”

However, at the time, the defendant was a person with bad credit standing, and there was no particular property or income, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

As such, the Defendant, by deceiving the victim and deceiving him from the victim, obtained the victim’s Daegu Bank passbook, etc. in the name of the victim who was deposited in the amount of KRW 5 million from the victim’s residence in Daegu-gu, Daegu-gu on the same day.

3. On June 11, 2015, the Defendant made phone calls to the victim and made false statements to the victim that “It was necessary for us to live together in the vicinity of the Seodaemun market, but the deposit for lease is required to transfer KRW 12 million.”

(b) however,

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