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(영문) 대구지방법원 서부지원 2019.01.30 2018고단796
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On March 28, 2001, the defendant was sentenced to five years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc.) at the Busan High Court on March 28, 2001, and the judgment became final and conclusive on March 28, 2001. On June 11, 2007, the Jinju Prison completed the execution of the sentence, and on May 30, 201, the Ulsan District Court sentenced one year of suspended sentence to four months of imprisonment for fraud at the Ulsan District Court on May 30, 201 and became final and conclusive around that time.

【Criminal Facts】

1. The Defendant operated a dog farm in Sungju-gun B, and maintained a de facto marriage relationship with the victim C from 2009 to 2012.

Around November 2009, the Defendant told the victim of the Defendant’s house located in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, that “The Defendant threatened the victim to spread the images of his sexual intercourses of Korea, and should give money to him and find his video. The Defendant provided money to him. The Defendant would give money to him and receive his video.”

However, in fact, there was no threat of the defendant to spread the sexually related video of the defendant and the victim, and only the defendant made a false statement to the victim to receive money from the victim.

The Defendant, as above, by deceiving the victim, received KRW 26 million from the victim around November 11, 2009.

2. On April 9, 2010, the Defendant presented a certificate of borrowing to the victim at the above Defendant’s home, stating that “When the land owner lends KRW 10 million to the land owner, repayment shall be made three months after the loan, and interest shall be paid 20% per month.” This presented a certificate of borrowing money received from the said person.

However, in fact, the defendant intended to use the money received from the victim for personal purposes, and even if receiving the money from the victim, there was no intention to lend the money to the beneficiary, and the loan certificate presented to the victim was created by the defendant at his own discretion in order to deceiving the victim.

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