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(영문) 대구지방법원 2018.02.08 2017고단5314
사기등
Text

A person shall be punished by imprisonment with prison labor for a crime of No. 1 in the judgment of the defendant and for a crime of No. 2 and No. 3 in the judgment of the court below.

Reasons

Punishment of the crime

On August 14, 2013, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Western District Court on August 14, 2013, and the judgment became final and conclusive on January 15, 2014.

1. Fraud;

A. On January 9, 2010, the Defendant, at the mutual infinite coffee shop located in Seongdong-gu Seoul, Seongdong-gu, Seoul around January 9, 201, carried out as her pro-friendly C, while managing the victim D’s “The E president’s motive and the reverse president’s vision.”

It is necessary to create a large amount of money with a ten thousand won right, and 30 million won is required.

The phrase “to pay back immediately from the lending of money” was false.

However, in fact, the Defendant did not graduate from Korea University from Korea University, and the President did not manage the funds because the Defendant was paid on behalf of the Defendant, and the Defendant did not have a clear occupation at the time and did not have a certain amount of income. Therefore, even if the Defendant borrowed money from the injured party, there was no intention or ability to pay the funds.

The Defendant, as such, deceiving the victim, thereby making up for 10 million won on the same day from the victim.

Upon delivery of two copies of one’s own check on January 14, 2010 and delivery of five million won in cash on January 14, 2010, with a new bank account (F) in C’s name, KRW 6 million on January 14, 2010, KRW 2 million on April 13, 2010, and KRW 3 million on April 16, 2010.

Accordingly, the Defendant was given a total of KRW 36 million from the victim by deceiving the victim.

B. On April 2010, the Defendant stated that “When there is a passbook of 50 billion won in the 50 billion won foot, the Defendant would be able to purchase the passbook with the money located in the passbook.” On the 2nd floor of Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant would make it possible for the Defendant to purchase the passbook with the money located in the passbook.”

However, in fact, since the passbook 50 billion won was paid by the bank and did not manage the passbook, even if the passbook was received from the injured party, it was set up with the money in the passbook.

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