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(영문) 대구지방법원 안동지원 2019.01.18 2017고단698
사기
Text

A person shall be punished by imprisonment with prison labor for not less than one year and four months and by imprisonment for not more than two months with prison labor for the crimes of Nos. 1, 2, and 4 of the judgment of the defendant.

Reasons

Punishment of the crime

[Criminal Justice] On December 15, 2011, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud in the Daegu District Court’s Ansan Branch on December 15, 201, and the said judgment was finalized on June 2, 2012.

【Criminal Facts】

1. On September 3, 2008, the Defendant committed the crime against the victim B, the D Party operated by the Defendant who was permanently residing in C on a permanent basis on September 3, 2008, stating that “If the Defendant borrowed KRW 9 million to the victim B, only 30,000,000,000 shall be paid to the victim B.”

However, the defendant did not have any particular property or income at the time, and there was a personal obligation equivalent to five to six hundred million won, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received KRW 9 million in cash from the victim for the same day on the same day as the loan money, and acquired it from the victim, from that time until March 4, 2015, received or remitted a total of KRW 175,80,000 from that time to March 4, 2015.

2. On August 5, 2011, the Defendant changed the facts charged to the victim E by phone from the F’s cell phone at a place where it is impossible to know on August 5, 2011, to the extent that it does not pose a substantial disadvantage to the Defendant’s exercise of the Defendant’s right of defense, and thereby, recognized the victim E by phone from the F’s cell phone at a place where it is difficult to know.

"At the time of lending KRW 18 million, I would like to pay KRW 100,000 to the sum of KRW 70,000,000,000,000 prior to the loan from F, which is the word of the party."

However, the defendant did not have any particular property or income at the time, and there was a personal obligation equivalent to five to six hundred million won, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

The Defendant is the victim.

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