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(영문) 대구지방법원 서부지원 2019.10.16 2019고단2313
사기
Text

The crime of the first and second crimes of the [2019 order2313] of the judgment of the defendant shall be punished by imprisonment with prison labor for two months, and [2019 order 2313] of the judgment of the defendant.

Reasons

Punishment of the crime

[2019 Highest 2313] [criminal records] The defendant was sentenced to six months of imprisonment for fraud in the Suwon District Court's Ansan Branch on July 12, 2017, and two years of suspended execution. The judgment became final and conclusive on September 30, 2017. On April 13, 2018, the Suwon District Court sentenced four months of imprisonment for fraud and two years of suspended execution to be sentenced for fraud, which became final and conclusive on April 21, 2018, but the sentence of suspended execution was revoked on April 29, 2019.

【Criminal Facts】

1. On May 13, 2016, the criminal defendant against the victim B made a false statement to the victim B, who had a horse at the Busan branch of the Korean Racing Association located in Gangseo-gu Busan Metropolitan City, stating that he/she would make a cash withdrawal to the victim B, who had a horse in his/her horse, as if he/she had a lot of money, and that “2 million won is combined with the money of KRW 18 million in the face of the State, and 10% of profits will be paid as if he/she had a large sum of money in the face of the State.”

However, in fact, the defendant did not have made a lot of money, and even if he received 2 million won from the victim, he had the intention to use it individually and did not have the intention or ability to pay the profit to the victim.

On May 14, 2016, the Defendant: (a) by deceiving the victim; (b) received KRW 2 million from the Daegu Branch of the Korean Racing Association located in Daegu District on May 14, 2016 from the victim; and (c) received KRW 175,00,00 from the victim.

2. On October 22, 2016, at the Daegu Branch of the said Korean Racing Association, the Defendant made a false statement to the victim C, stating that he/she would have made a cash withdrawal to the victim C, and that he/she would have made a false statement as if he/she had made a payment on a multiple occasions, and that “The Defendant would have made a 15% of the profits by taking 1.5 million won as a face-to-face payment.”

However, in fact, the defendant did not have made a lot of money, and even if he received 2 million won from the victim, he had the intention to use it individually and did not have the intention or ability to pay the profit to the victim.

As above, the Defendant deceivings the victim as above and combines KRW 1 million on the same day from the victim, and KRW 50,000 on the 23th of the same month.

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