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(영문) 대구지방법원 포항지원 2019.07.04 2018고단1671
사기
Text

The punishment of the accused shall be determined by one year and six months.

Reasons

Punishment of the crime

[criminal power] On June 20, 2018, the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu High Court, which became final and conclusive on August 9, 2018.

【Criminal Facts】

The defendant was in a relationship with the female mother of the victim B, and the victim C is the mother of the victim B.

1. Crimes against the victim B;

A. On January 25, 2016, the Defendant made a false statement to the effect that “The Defendant is running a business to supply oil at the construction site of the national library in the border Kim Jong-cheon in Daegu-gu,” “The Defendant would give the wife a special opportunity for investment of KRW 30,000,000 to the investment of KRW 30,000,000,000,000,000,000 won, including 10% interest after three months.”

However, in fact, the Defendant did not engage in the above oil business at the time, and was in excess of 100 million won for debts without any particular income or income, and the money received from the victim was thought to be used for repayment of other debts, and thus there was no intention or ability to grant profits as agreed even if he received the investment money from the victim.

As above, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the account in the name of F in the name of the same day as the investment money, and thereafter, received from February 25, 2017, a total of 140,300,000 won from that time, including the transfer of 30 million won from the victim to the account in the name of F.

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

B. Around October 2016, the Defendant made a false statement to the effect that “Around October 2016, the Defendant would pay insurance premium instead of the insurance premium to the insurance purchased by him/her,” by putting the phone to the victim at an influence place, and the Defendant would pay it together with the interest.”

However, the defendant did not engage in the national business at the time, and other income or income.

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