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(영문) 대구지방법원 2017.03.09 2017고단65
사기
Text

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

Reasons

Punishment of the crime

[Criminal record] On July 14, 2016, the Defendant was sentenced to six months of imprisonment and a fine of two million won for fraud at the Daegu District Court, and the judgment became final and conclusive on August 12, 2016.

[2] The Defendant, “2017 Highest 65,” is a person who runs a debt collection company under the trade name of Daegu Suwon-gu C. D.

On June 7, 2016, the Defendant had no intent or ability to collect a claim that the victim wants, and had already been sentenced to a stay of two years to imprisonment for fraud in the Daegu District Court on April 22, 2011 due to fraud in the name of the collection of claims, etc., and at the time of the instant case, the Daegu District Court was under trial for fraud in the name of the collection of claims at the Daegu District Court. However, the Defendant was under trial for fraud in the name of the collection of claims at the Daegu District Court on April 22, 2011. However, the Defendant was under trial for fraud in the name of the collection of claims by concealing such fact to the victim K, while doing so, the Defendant would have harmed the collection of claims on the face

“Along with the false statement, I received KRW 400,00,000, around June 7, 2016, around 475,000, around June 9, 2016, from the injured party, the sum of KRW 3,800,000, around June 14, 2016, and KRW 4,675,000, in total, around 3,80,000, around June 14, 2016.

Accordingly, the defendant deceivings the victim and defrauds 4,675,00 won in total.

In the course of operating a debt collection company under the trade name of "D" in Daegu Suwon-gu C, the Defendant made a false statement to the victim M who requested the Defendant to collect the goods amounting to KRW 15 million at the above place on July 2, 2014, stating that "the Defendant shall deposit money with the court to seize the passbook of the obligor" by telephone from the victim M who requested the Defendant to collect the goods amounting to KRW 15 million.

However, at the time of personal debt collection, the defendant thought to use it as office operating expenses, etc. as a result of receiving money from the injured party, and there was no intention or ability to carry out the debt collection business of the injured party.

Nevertheless, the defendant deceivings the victim and belongs to it.

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