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(영문) 대전지방법원 논산지원 2017.10.24 2017고단535
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal record] On July 24, 2015, the Defendant was sentenced to three years of imprisonment due to habitual fraud, etc. by the Jeonju District Court, and completed the execution of the sentence in the Jeonju prison on March 23, 2017.

[Criminal facts] 1. "2017 Highest 535"

A. On June 2017, the Defendant made a false statement that “The Defendant would transfer the 700,000 won check to the head of the passbook, first, on the face of the head of the Tong, to the head of the Tong, to purchase cans, tobacco, and coffee.”

However, the Defendant did not have an intention or ability to pay the check even if he was paid the check to the injured party first because the Defendant did not hold the one million won check.

The Defendant was given KRW 700,000 to the injured party on the pretext of money.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

B. On July 6, 2017, at around 10:00 on July 6, 2017, the Defendant made a false statement in the victim G management H, which was located in the Chungcheongnam-gun F, Chungcheongnam-gun, stating that “The Defendant would make preparations for the test to be calculated as a 5 million fake check in order to purchase the gate president and the gate.”

However, the Defendant did not have an intention or ability to pay the check even if he received the check first from the injured party because the Defendant did not hold the check of five million won.

The Defendant was given 4,70,000 won from the injured party under his name.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

(c)

On July 21, 2017, the Defendant stated that “Around 11:20 on 11, 2017, at K in the operation of the victim J, which is located in Macheon City I, the Defendant would like to purchase coagum sap, and there is only a 5 million foot check.”

However, the Defendant did not have an intention or ability to pay the check even if he received the check first from the injured party because the Defendant did not hold the check of five million won.

The defendant is acting against the injured party.

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