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(영문) 대구지방법원김천지원 2020.11.18 2020고단177
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 12, 2014, the Defendant was sentenced to a suspended sentence of one year and a fine of four million won on March 20, 2014 in the Daegu District Court Kimcheon Branch of the Republic of Korea for fraud, and the judgment became final and conclusive on March 20, 2014.

【Criminal Facts】

The defendant is a person who has worked as a secondhand sales business employee, and the victim B was a motive for the university.

1. On October 201, the accused of the fraud by deceitation in the name of the purchase price for the secondhand vehicle was asked by the victim to purchase the secondhand vehicle from the police officer at the request of the victim to purchase the secondhand vehicle by telephone, and the victim can purchase the vehicle by telephone. For fraud of the vehicle by public sale, the bid bond is required, and the money is remitted as the bid bond is a priority bid bond.

However, in fact, the defendant was merely the intention to use the money that he received from the victim for gambling, and did not have the intention or ability to purchase the used vehicle.

Nevertheless, on October 12, 201, the Defendant, by deceiving the victim as above, received a total of KRW 17,700,000 from the victim, and acquired KRW 5,00,000 from the Nonghyup Bank (C) account in the name of the Defendant on October 13, 201, and KRW 6,000,000, KRW 3,500,000, KRW 3,200, and KRW 3,200,00 from the same account on October 13, 201.

2. On October 18, 201, the Defendant made a false statement by telephone to the victim that “Around October 18, 2011, the Defendant was making a false statement that she would lend only KRW 1,500,000 as an agreed money to the victim as he/she gets to reach an agreement at the present time when a traffic accident occurred.”

However, in fact, the defendant was merely the intention to use money borrowed from the victim for gambling for traffic accident agreement, and did not cause a traffic accident due to drinking driving.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1,500,000 from the victim to the Nonghyup Bank (C) account in the name of the Defendant on the same day.

Summary of Evidence

1. The defendant;

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