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(영문) 대구지방법원 포항지원 2020.01.16 2018고단1096
사기
Text

Defendant

The imprisonment with prison labor for A shall be two years, and the imprisonment with prison labor for Defendant B shall be four months, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A On October 5, 2018, at the Daegu District Court sentenced the suspension of the execution of imprisonment for fraud in one year and six months, and the judgment became final and conclusive on October 13, 2018.

The Defendant, around October 21, 2017, concealed the age, occupation, and the fact that he/she has been assigned to the Defendant (Defendant A) and married with the Victim E’s Marriend F, and acquired money from the victims, by means of false statement to provide profits if he/she invests in the company run by himself/herself to the victims who are relatives of F.

1. Around January 24, 2017, the Defendant committed a crime against the victim G made a false statement to the effect that “The victim shall pay off money if he/she lends money to the victim, even if he/she has granted a loan.”

However, in fact, the Defendant was in excess of 200 million won of personal debt without any particular property at the time. Since the Defendant was willing to use the money borrowed from the victim to repay his/her personal debt, he/she did not have any intent or ability to repay the money as agreed upon by the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 7 million from the victim as the borrowed money on January 24, 2017, and KRW 6 million under the same name as of February 5, 2017, respectively, from January 17, 2018, the Defendant received KRW 26,698,000 over 18 times in total, as shown in Appendix I, from the time on January 17, 2018.

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

2. Crimes against victims E;

A. On May 2017, the Defendant: “The Defendant purchased one parcel of land in Ulsan-gun L, Ulsan-gun, as a common share, at the victim’s residence located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and sleep together with his house. The Defendant bid a good land in the company to work at an asset management company located in Seoul-si, and purchased land if the purchase fund is entrusted to the company.”

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