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(영문) 대구지방법원 포항지원 2019.08.28 2019고단658
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. At around 07:00 on July 10, 2018, the Defendant entered into a false statement to the effect that “B” with the victim D “B, each time he/she operates once he/she operates, is at least 100 square meters. He/she entered into a false statement to the effect that: (a) the amount of 50 million won per 1 gambling event; and (b) the average of 500,000 won per day, per week; (c) the Defendant would deliver the deposit amount of KRW 50,000,000 per week to the shipowner E, if he/she takes place. The deposit will be refunded after one year.”

However, in fact, the Defendant did not have any intent or ability to divide the benefits of the victim by investing the security money to E, as it was thought that the Defendant would use the personal debt as repayment or gambling funds instead of delivering the money received to the Defendant “B” E.

On August 10, 2018, the Defendant, by deceiving the victim as above, deposited KRW 15 million with the F Bank account (Serial number: G) in the name of the Defendant, and KRW 2 million with the same account on August 17, 2018, and received KRW 50 million in total from the victim on the 28th day of the same month.

2. On August 30, 2018, the Defendant was at the cost of purchasing a middle and high-speed driving house, and the Defendant was at the south-gu Hah at the port of port on August 14:00, 201, false statement was made to the effect that “A victim D has a person who seeks to sell a middle and high-speed driving house with KRW 25 million, and is money later at the end of two pages.”

However, in fact, the Defendant was thought to use the money received from the victim for personal debt repayment and Internet gambling, so even if he borrowed money from the victim, the Defendant did not have the intent or ability to purchase the money.

The Defendant, as above, by deceiving the victim, received cash of KRW 25 million from the victim for the purpose of purchasing throughout the same day.

3. On September 4, 2018, the Defendant, under the pretext of a seafarer’s prepaid card, was a transit fishing vessel with the victim D from the street in front of the K association located in the South-guJ at the port of port on September 14, 2018.

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