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(영문) 대전지방법원 2014.04.21 2013고단2855
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Around February 10, 2007, the Defendant stated that “D cafeteria” located in Daejeon Seosung-gu Daejeon, would receive KRW 30 million after five to six months, and that “A victim E would receive KRW 15 million with the said money if he/she borrowed KRW 15 million, he/she will repay the principal with the said money, and will pay KRW 1.5 million with the interest of each month.”

However, at the time, the Defendant did not have any money received from another person, or did not have any other property or income, and as such, it was unclear that the Defendant borrowed money from the victim to use it in a gambling room, and even if the Defendant borrowed money from the victim as above, he did not have the intent or ability to repay it in time.

Nevertheless, as above, the Defendant made a false statement to the victim and received KRW 10 million from the victim, namely, from the victim’s seat, as a loan, and obtained KRW 5 million on the same name at the same place on the 16th day of the same month and fraudulently acquired KRW 15 million in total.

The Defendant collected money from the Defendant on June 2006 with F, G, H, and nameless “Iman” at the early 2006 Seocho-gu Hamsan Standon Standon Standon-dong, Daejeon, Daejeon, by using the fact that he owns real estate and that he would be able to drink at the time of the withdrawal of alcohol, by manipulating the victim’s drinking and chemical chip, and by using the fact that he would be able to drink at the time of the withdrawal of alcohol, the Defendant collected to receive money from the Defendant. The Defendant: F and gambling place role in raising money to the victim; H means to wear a special siren and read the gambling chip; H means to recruit 20 persons from participating in the fraud gambling such as a technician who wears and read the gambling chip; G means to play a chip in cash instead of drinking and gambling; and I means to change the chip to a person who makes a chip and sell the chip in lieu of chip.

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