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(영문) 대구지방법원 포항지원 2019.08.08 2019고단491
사기
Text

The punishment of the accused shall be determined by two years of imprisonment.

The defendant shall obtain money from the applicant for compensation 237,596,620 won.

Reasons

Punishment of the crime

On February 14, 2019, the Defendant was sentenced to one year for fraud in the Daegu District Court Port Branch Branch of the Daegu District Court on February 14, 2019, and the judgment became final and conclusive on February 22, 2019.

1. On February 2, 2015, the Defendant made a false statement to the effect that “Around February 2, 2015, the Defendant: (a) at the port north-gu C Apartment; and (b) at the time, the victim D who had a relationship with the Defendant was bound by a divorce lawsuit to lend money to the company as the attorney-at-law fee, CCTV deletion fee, and ordinary and prosecutor’s meeting expenses; and (c) at the time, the Defendant borrowed money to the company in which the Defendant was operating the company with money, and (d) the head of the Tong would repay the money to the company with 300 million won, because the head of the Tong had a 300 million won amount in the passbook.”

However, in fact, the defendant did not operate the company at the time, and did not have 300 million won in the passbook, and since there was no particular property or income, and only 100 million won in debts, there was no intention or ability to repay as agreed even if he borrowed money from the victim.

As above, the Defendant, from March 28, 201, received a total of KRW 91,200,000,000 from the time of deceiving the victim as above, from March 28, 2016, to the time of receiving cash payment from the victim, i.e., the Defendant received KRW 1,00,000,000 from the victim.

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

2. Around May 21, 2016, around May 21, 2016, the Defendant, at the same place as indicated in paragraph (1) of this Article, concluded a false statement to the effect that “The Defendant shall not withdraw money because the head of the Tong is bound by the inheritance lawsuit.” The mother died from cerebrovascular, and donated her property worth worth KRW 1.8 billion to B. As such, the Defendant would make repayment by means of credit card payment, a fine for drinking driving, a fine for trial, Seoul’s college registration fee, attorney’s fee, and deposit money.”

However, the defendant is proceeding at the time of inheritance of property.

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