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(영문) 대구지방법원서부지원 2020.11.25 2020고단2272
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 698,00 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[20 highest 2272] [criminal records] On June 29, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months in a sex support of the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on October 21, 2018.

【Criminal Facts】

1. On May 30, 2019, the Defendant committed the crime against the victim C falsely stated that “A victim C shall be repaid if he/she lends operating funds to the recipient who is operated within the city, from June 1, 2019 to June 2, 2019.”

However, even if the Defendant did not operate the leased money at the time, and did not borrow money from the victim due to no fixed income, the Defendant did not have the ability or intent to repay the borrowed money by the agreed date.

Nevertheless, the Defendant deceivings the victim as above and received KRW 1 million from the victim’s money account in the name of the Defendant on the same day.

In addition, from that time until June 4, 2019, the Defendant deceivingd the victim 36 times in total and acquired property or property gains equivalent to the total market value of 6,252,200 won from the victim, such as the list of crimes in the attached Table.

2. Crimes against victims D;

A. On June 4, 2019, the Defendant was aware of the victim D’s phrase that “the Defendant got off a mobile phone but was unable to receive the mobile phone.” On the part of the victim, the Defendant made a false statement to the effect that “the Defendant would find out a mobile phone which was opened by opening a new mobile phone in the name of the victim and using it on the face of a new mobile phone.”

However, even if the victim newly opened a mobile phone, the defendant was planning to prepare living expenses, etc. by selling it, and there was no intention or ability of the victim to find a mobile phone that has been opened by the victim.

Nevertheless, the defendant deceivings the victim as above and is transferred from the victim to the victim's name on the 5th day of the same month.

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