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(영문) 대구지방법원 2019.08.14 2019고단63
사기
Text

As to the crimes set forth in Article 1 of the judgment of the defendant, each of the crimes set forth in Articles 2 and 3 of the judgment shall be punished by imprisonment for four months and by imprisonment for one month.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant was sentenced to a suspended sentence of 8 months for fraud at the Daegu District Court, which was sentenced to 2 years of imprisonment for the purpose of fraud, and the judgment became final and conclusive on November 11, 2016.

1. On July 20, 2015, the Defendant made a false statement to the victim C’s house located in Daegu-gu, Daegu-gu, that “I need to have a remote area from the construction site, and if I lend money to the husband’s husband’s denial, I may receive interest of 2% per month. If I lend KRW 5 million to one party, I will complete payment.”

However, in fact, since the defendant was only liable without any property at the time, and was living in a way to prevent repayment of the previous obligation by lending the bonds, even if he borrowed money from the victim, he did not have the intention or ability to repay to the victim on the date of the promise.

As above, the Defendant deceptioned the victim, and received 5 million won from the victim, namely, the money borrowed from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 2017, the Defendant made a false statement to the victim, stating that “A person need to pay money. It shall be repaid within one week.”

However, in fact, since the defendant was only liable without any property at the time, and was living in a way to prevent repayment of the previous obligation by lending the bonds, even if he borrowed money from the victim, he did not have the intention or ability to repay to the victim on the date of the promise.

As above, the Defendant deceptioned the victim and received 800,000 won from the victim, namely, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

3. On February 2, 2018, the Defendant made a false statement to the victim that “A deposit is required to purchase a house from children. If the Defendant borrowed KRW 1 million, it will be repaid on the following day.”

However, the defendant is in fact.

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