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(영문) 대구지방법원 김천지원 2015.10.22 2015고단312
사기등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

. did not.

Accordingly, the defendant deceivings the victim, thereby acquiring economic benefits equivalent to the same amount.

B. Around April 5, 2013, the Defendant, who received a car from the victim, made a false statement to the victim that “a car needs to be used to operate a business. If the Defendant concludes a contract for a used car in its name, he/she will use the said car only for two months and pay the price for the car in installments.”

However, the defendant did not have any special property and occupation, and even if he received a secondhand car from the victim, he did not have the intent and ability to pay the price in installments.

Around that time, the Defendant was issued by the victim a MT car equivalent to KRW 21 million from the victim.

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

2. Around February 10, 2009, the Defendant against the victim N made a false statement to the victim as if he/she would immediately pay the amount even if he/she received alcoholic beverages, etc., by finding himself/herself as a customer on the entertainment tavern in the "Pran tavern operated by the victim on the ground of hotel". Around February 10, 2009, the Defendant made a false statement to the victim that he/she would make a settlement at once.

However, the defendant was not the head of Qu Jeju branch at the time, and the defendant did not have the ability to deliver the price even if he received alcoholic beverages from the victim due to the lack of special property and occupation.

The Defendant was provided by the victim with a total of 44 times as shown in the list of crimes (2) in the attached Table from around May 9, 2009, with a total of 1,8310,000 won from the victim, as well as with a recommendation of 90,000 won for service charges of 3,90,000 won and 3.9,000 won for the same day.

In this respect, the defendant deceivings the victim to take property.

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