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(영문) 대구지방법원 2019.10.29 2019고단4646
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Around May 17, 2019, the Defendant, against the victim B, told the victim at an influent place located in Daegu, that “The Defendant would make profits if invested in the 12-dong dry field so as to make an investment.”

However, even if the Defendant received the investment money from the victim, it was planned to use it as an individual debt, so there was no intention or ability to pay the profit to the victim.

The Defendant, as such, by deceiving the victim, received KRW 25 million from the victim to the D Association Account (E) in the name of the Defendant as designated by the Defendant on the same day, from July 5, 2019, and received a total of KRW 112,70,000,000 from July 5, 2019.

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

2. Around June 1, 2019, the Defendant made a call to the victim at an influorial location located in Daegu, saying, “I will deposit money with the victim, who would be able to do so.”

However, even if the defendant received money from the victim, he did not have the intention or ability to sell the gambling to the victim because he was planned to use the money in repayment of his personal obligation.

The Defendant, by deceiving such victim, received from the victim the remittance of KRW 11 million to the H bank account (I) in the name of G as designated by the Defendant on the same day, from the time to July 6, 2019, the Defendant received total of KRW 60,300,000 from July 6, 2019, in total, five times, such as the list of crimes (2).

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

3. Around June 5, 2019, the Defendant made a call to the victim at an influent place located in Daegu, saying, “When sending money, the Defendant would purchase six plastic houses.”

However, the defendant has paid money from the victim.

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