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(영문) 대구지방법원 2013.12.19 2013고단4650
사기
Text

As to the crime No. 1 of the judgment of the defendant, imprisonment with prison labor for one month or more, for the crime No. 2 of the judgment of the court below, and the decision No. 3 to 14.

Reasons

Punishment of the crime

[criminal power] On May 11, 2012, the Defendant was sentenced to one year to a suspended sentence of four months for fraud in the Seo-gu District Court Branch Branch of the Daegu District Court, and the said judgment became final and conclusive on May 19, 2012. On November 8, 2012, the Daegu District Court sentenced one year to a suspended sentence of two months for the same offense, and the said judgment became final and conclusive on November 16, 2012.

"2012 Highest 4650"

1. Around April 6, 2011, the Defendant made a false statement to the effect that “The Defendant, at a notary public P office in Daegu-gu, Seo-gu, a 205 notary public P office, the victim N, who operates multiples, will be sincere in the multilateral operated by the victim if he/she would be 1.5 million won in advance payment.”

However, even if the defendant receives the advance payment, he did not have the intention or ability to work in the above multiples.

As above, the Defendant deceptioned the victim, and obtained 1.5 million won from the victim, i.e., the victim, thereby defrauding the victim.

2. Around October 30, 2012, the Defendant made a false statement to the effect that “the Defendant would work in the instant entertainment tavern in front of the 3.5 million won in front of the instant entertainment tavern” to the victim Q Q who operated the said entertainment tavern.

However, even if the defendant receives a prepaid payment, he did not have the intention or ability to work in the above entertainment tavern.

The Defendant, by deceiving the victim as such, received KRW 1 million from the victim to the Agricultural Cooperative Account in the name of E on the same day, and received KRW 1 million from the account in the name of T, and received KRW 1.5 million from the victim to the account in the name of U on October 31, 2012, and received KRW 3.5 million in total from the victim on three occasions on the next day, and acquired money from the victim.

3. Around February 25, 2013, the Defendant made a false statement to the effect that “the Defendant would work in the above rest room on the face of the week” to the victim V operating the above rest room.

However, the facts are that the defendant receives the advance payment.

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