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(영문) 대구지방법원 2019.10.17 2019고단420
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 9, 2018, the Defendant against the victim B made a false statement to the victim B that “A” in the Daegu Dong-gu, Daegu-gu, “I think that the Defendant opened and operates a marina shop. As there is a surplus amount of KRW 40 million, the Defendant may jointly operate a shop on the Mag-ri, Mag-ri, Mag-ri, Mag-ri, Mag-ri, which is necessary for leasing a building.”

However, the defendant only planned to use the money received from the victim for personal purposes, such as entertainment expenses and living expenses, and did not have any intention or ability to operate the shop.

From that time to August 12, 2018, the Defendant, as described in the attached Table 1, by deceiving the victim and receiving KRW 16.5 million in total through 14 times, including by deceiving the victim and receiving KRW 16.5 million in cash from the seat.

2. On June 26, 2016, the Defendant made a false statement to the victim E at H Bank near G in Daegu Dong-gu, Daegu-gu, Seoul-gu, stating that “The cost of the bathbing construction is necessary to start the business by newly acquiring the Home Center. The construction cost is KRW 700,000,000,000,000,000,000,000,000,000,000 won.”

However, in fact, the Defendant was planned to use the money borrowed from the victim for personal purposes, such as entertainment and living expenses, and did not intend to use the money as the above construction expenses, and there was no intention or ability to repay the money even if the Defendant borrowed money from the victim because there was no particular property at the time and no specific income exists.

As such, the Defendant, by deceiving the victim and receiving KRW 700,000 from the victim, i.e., cash from the victim, and from that time until July 26, 2018, by deceiving the victim three times in total, as shown in the attached Table 2 of Crimes List 2, and obtained a total of KRW 3,40,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B and E.

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