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(영문) 대구지방법원 2014.06.19 2014고단1950
사기
Text

The defendant shall be punished by imprisonment with prison labor for one year and six months, and imprisonment with prison labor for the second crime as stated in the judgment.

Reasons

Punishment of the crime

On March 17, 2009, the Defendant was sentenced to a suspended sentence of 2 months for the crime of occupational embezzlement at the Daegu District Court, which became final and conclusive on March 25, 2009. On August 19, 2010, the said judgment became final and conclusive on August 27, 2010 by having been sentenced to imprisonment of 8 months and a fine of 15 million won in the same court due to fraud, etc.

1. On December 21, 2004, while the Defendant invested the printing office operating funds to the victim C and operated the printing business with D’s trade name, the Defendant borrowed the money to the victim for the purpose of purchasing the printing office paper and instead using it for the purpose of using it for the printing office.

On May 19, 2006, the Defendant presented a false tax invoice, etc. for E, a nominal company, and concluded a contract for the supply of printed materials equivalent to E and 1.4 billion won. When the Defendant borrowed the operating funds of the printing office, he would use it for operating the printing office, such as paper purchase, and pay interest.

However, the Defendant did not have entered into a contract with E for the delivery of printed materials at the time, and only performed a debt of approximately KRW 80 million without any particular property, and attempted to use money for gambling by lending money from the victim, so there was no intention or ability to pay the money to the victim.

The Defendant, as above, by deceiving the victim as above, received 30 million won from the victim, namely, a payment for the purchase of the paper from the seat.

In addition, the Defendant received a total of 440 million won from the victim through 18 times from around that time to August 28, 2009, as indicated in the attached list of crimes.

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

2. On July 2008, the Defendant’s lottery ticket sales store “H” operated by the Victim G in Daegu-gu, Jung-gu, 2008.

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