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(영문) 대구지방법원 서부지원 2019.01.29 2017고단3257
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2013, the criminal defendant against the victim B made a false statement to the effect that “The victim 3 million won prior to his/her wage need to be paid. He/she paid 1 week and borrowed 3 million won after paying her full payment.”

However, the Defendant did not have any particular income at the time, and was liable for financial rights equivalent to KRW 20 million. Therefore, the Defendant did not have any intent or ability to repay the money as promised to the victim.

Around April 17, 2013, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the D account under the name of the Defendant C, from the victim, and thereafter received KRW 94,950,000 in total from the victim over 22 times in the same manner as the list of crimes (1) in the attached Table from March 22, 2017.

2. On December 2015, the Defendant made a false statement to the effect that “The Victim E was guilty” to the victim at the interview site “G,” located in the Daegu Suwon-gu F, G, G, G, for the purpose of “G,” which reads that “The Victim E was guilty. The Plaintiff borrowed only KRW 10 million.”

However, at the time, the father of the defendant was not guilty, and the defendant was intended to use 10 million won borrowed from the victim to pay his personal debts to the defendant, and due to the burden of financial rights equivalent to 20 million won, there was no intention or ability to repay the money to the victim.

As above, the Defendant, by deceiving the victim, received KRW 9.6 million from the victim’s account in the name of the Defendant C on December 24, 2015, and received KRW 29,600,000 from the victim in total three times from March 8, 2017, as shown in the List of Crimes (2).

3. On April 24, 2017, the Defendant’s fraud against the Victim H calls from the victim H at the Defendant’s residence located in the Daegu Dong-gu, Daegu-gu.

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