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(영문) 대구지방법원 2019.05.17 2019고단74
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Justice] On June 18, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Daegu District Court on February 27, 2016, and completed the execution of the sentence at the Daegu Detention House on February 27, 2016. On February 9, 2017, the same court sentenced one year of imprisonment for the same crime and completed the execution of the sentence at the Daegu Prison on September 20, 2017.

【Criminal Facts】

On October 10, 2018, the Defendant made a false statement that “The Defendant would pay the price within one to two hours after installing a kimchi cooling and laundry machine to E, an employee of the said store, at D stores operated by the victim C in North-gu Seoul Metropolitan City, Daegu-gu, Seoul.”

However, the defendant did not have the means of payment such as cash or credit card at the time, and even if the victim had installed and provided the above home appliances, he did not have the intent or ability to pay the price normally.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim establish one washing machine equivalent to the market price of KRW 1,540,000 at the 12th of the same month, in the domicile of G located in the North-gu Seoul Metropolitan City, Daegu Metropolitan City F, and one laund amounting to KRW 2,460,000 at the market price.

As a result, the Defendant, by deceiving the victim, received property worth KRW 4,000,000 in total.

Around 14:00 on January 26, 2018, the Defendant made a false statement to the effect that “If a biological meeting is sent as a cross-city bus cargo, the Defendant would transfer the price to the victim H.” by phoneing the victim H at a scopic area not exceeding Daegu, 2018.

However, in fact, the defendant did not have money and the victim did not have an intention or ability to pay the money normally even if the victim sent a life annuity.

As above, the Defendant, by deceiving the victim as above, was delivered by the victim at the market price of 250,000 won on the same day.

The Defendant and the Victim I, around November 9, 2018, are between the Defendant and the Victim I first met or become aware of in the J organization.

1. Fraud;

(a)the purchase of clothing;

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