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(영문) 대구지방법원 서부지원 2016.08.26 2015고단1115
사기
Text

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

Reasons

Punishment of the crime

On July 4, 2012, around 22:00, the Defendant, who is engaged in the construction business, drinks alcohol at C clubs located under the Daegu-gu hotel B hotel, Seogu, Daegu-gu, as “E, the director of the construction company,” introduced the victim D first and thereafter, the Defendant was in a sexual relationship with the victim within the Defendant’s options, around 03:00 on the following day.

At the time, the Defendant did not pay the tax amount equivalent to KRW 200 million, and was under bad credit standing so that the victim was unable to use a credit card as well as the transaction of the passbook, and was able to receive money from the victim using the fact that the victim had a sense of identification.

1. On July 6, 2012, the Defendant: (a) was parked on the road in front of the GF GF association located in Daegu-gun, Daegu-gun, GF on July 6, 2012; (b) it is difficult for the Defendant to operate a construction business.

It is difficult to settle expenses or personnel expenses from time to time due to the shortage of funds.

It shall be repaid after one month from the loan of KRW 10 million.

If the credit card is known, the use price of the credit card will be paid.

The phrase “ makes a false statement.”

However, the Defendant did not pay taxes equivalent to KRW 200 million at the time, and the Defendant did not have any intent or ability to pay the amount even if he received credit cards from the injured party due to the lack of particular import.

The Defendant: (a) took one copy of the H card from the injured party on the same day; (b) took one copy of the I card around July 16, 2012 from July 7, 2012 to July 18, 2012, used KRW 1,212,730 for 11 occasions, such as the “H card Use Statement (H card”); and (c) from July 16, 2012 to August 26, 2012, acquired property benefits equivalent to KRW 7,015,873, such as using KRW 5,803,143, a total amount of KRW 89, such as the Plaintiff’s card Use Statement (I card) re-written from July 16, 2012 to August 26, 2012.

2. On July 21, 2012, the Defendant’s vehicle parked on the front of the G UnionF located in Daegu-gunF around 15:00 on July 21, 2012 to the victim’s vehicle.

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