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(영문) 대구지방법원 2015.09.22 2015고단3502
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 15, 2014, the Defendant was sentenced to a suspended sentence of two years for criminal fraud in the Daegu District Court resident settlement support, and on April 23, 2014, the said judgment became final and conclusive and is still under the suspended sentence.

1. On March 29, 2015, the Defendant stated that “E”, a temple, the victim D (Inn, 56 years of age) located in Daegu-gu Dong-gu, Daegu-gu, would install an electric boiler around April 2015, stating that “The cost of installing an electric boiler at the inner bonds and the secondary bonds is KRW 5 million, and the electric extension cost to be paid prior to Han-do would be KRW 1.5 million, and the electric boiler would be installed around April 2015, on the face of Han-gu.”

However, due to the fact that the Defendant was unable to carry out financial circumstances such as the amount of the existing debt up to KRW 20 million, the Defendant did not have the intent or ability to install the electric boiler even if he received the money from the victim.

As above, the Defendant, by deceiving the victim as above, received 6.5 million won from the victim on March 30, 2015, 200,000 won on April 1, 2015, and 2.5 million won on April 7, 2015, and acquired 6.5 million won in total from the victim to the account of community credit cooperatives under the name of the Defendant.

2. On March 20, 2015, the Defendant would install an electric temperature boiler for KRW 4.2 million to the victim H in G located in the F of the Gyeongbuk-gun, Chungcheongnam-do around March 20, 2015.

No money for machine saving, so that the money for machine is remitted;

3.To install a hot-water boiler up to 26.

“Along with the receipt of money, the Defendant did not have any intent or ability to install a hot boiler. The Defendant, from the victim’s account of community credit cooperatives under the name of the Defendant, wired the amount of KRW 2 million on the same day to the account of community credit cooperatives under the name of the Defendant, and KRW 1 million on March 24, 2015, respectively, and acquired the money. 3.

"Finally false."

However, in fact, the defendant has an existing obligation of 20 million won.

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