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(영문) 대구지방법원 2016.11.15 2016고단4183
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 14, 2016, the Defendant was sentenced to imprisonment for six months and a fine of two million won at the Daegu District Court for fraud, and for the same year.

8.12 The judgment became final and conclusive.

[2016 Highest 4183] The Defendant is a person employed by a debt collection company called "D" located in Daegu Suwon-gu C as an employee.

1. On March 5, 2012, the Defendant, under the pretext of the act of collecting claims, made a false statement to the victim E who visited to request the collection of claims for indemnity at the above “D office,” stating that “If a lawsuit for the claim for indemnity is filed, it is possible to receive the claim for indemnity, and if favorable, he/she will be responsible and liable for the execution thereof.”

However, the defendant did not know about the claims collection business well, as well as about KRW 90,00,000,000, in the situation of personal debt collection at the time, he thought that he would use the money that he received from the victim for the repayment and living expenses, so even if he received the payment from the victim, he did not have the intention

As above, the Defendant, by deceiving the victim as above, obtained 30,000 won in cash from the victim, i.e., in the name of credit investigation commission, and obtained 12,00,000 won in the name of deposit from the national bank account under the name of the Defendant on March 28, 2012, and acquired 12,70,000 won in total from the same account on August 28, 2012.

2. On October 27, 2014, the Defendant made a false statement by phone call to the victim E to the effect that “The Defendant borrowed money with the necessity of operating expenses to prevent the heart of the money, and borrowed money.”

However, the mother of the defendant had already been in the hearto operation 20 years before 20 years, and the defendant thought that he would use the money received from the victim as debt repayment and living expenses in the situation where he had a personal obligation of approximately KRW 90 million at the time, and thus, he did not have any intention or ability to repay the money even if he borrowed money from the victim.

As above, the defendant deceivings the victim and belongs to it.

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