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(영문) 대구지방법원 2020.09.17 2019고단4349
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2017, the Defendant made a false statement to the effect that “Around September 13, 2017, the Defendant is running a business to manufacture and sell energy-saving high-tension high-tension equipment, and the money is urgently needed, if he/she lends KRW 10 million to the victim, he/she will complete the said business.” The Defendant made a false statement to the effect that he/she would have a large amount of money due to business feasibility.”

However, even if the Defendant borrowed money from the victim, he/she was thought to use his/her personal debt and living expenses. At the time, it was difficult to normally run the business of manufacturing and selling the above energy-saving high-tension type, and the Defendant did not have any intent or ability to repay his/her personal debt even if he/she borrowed money from the victim due to no particular income or assets.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the D account under the name of the Defendant on the same day, and received a total of KRW 66.5 million from around that time to December 7, 2017, as shown in the attached list of crimes.

Although the Defendants knew of the fact that they had no property to inherit to Defendant B, the Defendants conspired to use the above money for personal debt repayment, living expenses, etc. by taking account of the following: (a) the victims of the social ship of Defendant A planned to inherit the enormous property to Defendant B; and (b) as if it is necessary to register inherited property, the Defendants conspired to use money from the victims for personal debt repayment, living expenses, etc.

1 In accordance with the above public offering, Defendant A made a false statement to the victim at “G” coffee shop located in Daegu-gu, Daegu-gu, on February 27, 2017, that “B shall register real estate inherited. The registration cost shall be paid to B. The registration cost shall be lent KRW 10 million, and shall be repaid within 10 days, and the same day shall be paid from the victim.

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