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(영문) 대구지방법원 2016.12.23 2016고단4255
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2016 Highest 4255] On January 11, 2013, the Defendant made a false statement to the victim C at the Dong-dong Park Park Daegu-gu, Daegu-gu, stating, “I will get employed on and take part in the prepaid 40,000 won.”

However, the facts, however, have to pay the money borrowed from another person at that time, and there was no intention or ability to have the victim work in the military unit even if he received the money from the victim, because he thought that he would use the money for gambling in Macaro.

Around January 18, 2013, around January 18, 2013, the Defendant, by deceiving the victim as above and deceiving the victim, to account with a national bank account under the name of the Defendant, the same year.

5. Around 23.20 billion won was remitted to the same account and acquired it by fraud.

[2016 Highest 5257] In the Daegu neighboring on February 29, 2012, the Defendant made a false statement to the victim D, stating, “The Defendant is working in the land unit in the past and is working together as a family member in the Republic of Korea, and 30,000 won in advance, and will be employed by him/her.”

However, in fact, the Defendant had to pay the money borrowed from another person at that time, and had the intention to use the money for gambling in Macaro, so even if receiving the said money from the victim, the Defendant did not have any intention or ability to have the victim employed the military unit.

As above, the Defendant deceivings the victim and receives KRW 30 million from the victim to the Nong Bank account under the name of the Defendant on the same day; KRW 20 million from the national bank account under the name of the Defendant on February 27, 2013; KRW 1 million from the national bank account under the name of the Defendant on March 31, 2014; KRW 1 million from the above national bank account on August 18, 2015; KRW 500,000 from the above national bank account on August 19, 2015; and KRW 300,000 from the above national bank account on August 19, 2015.

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