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(영문) 대구지방법원 2019.07.04 2019고단1717
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 14, 2017, the Defendant, against the victim B (the age of 43), made a false statement to the DAS center office where the Defendant was working for the Daldong-gun C, Chungcheongnam-do, and to the victim B, who is the same workplace, with the same employer, that “When he/she borrowed money, he/she will pay interest on the loan of money.”

However, in fact, the Defendant did not operate a credit business at the time and did not borrow money in the absence of any specific property, but did not have any intent or ability to repay the money in return for the repayment of the existing obligation or use it as gambling funds.

Nevertheless, the Defendant, by deceiving the victim B as above, received from the victim B a transfer of KRW 5 million in total with the post office account (E) in the name of the Defendant on the same day from the victim B, KRW 5 million in total with the same account on January 21, 2017, and KRW 700,000 in total with the same account on February 4, 2017.

2. Around January 16, 2017, the Defendant, at the victim F (V), made a false statement to the above purport to the victim F, who is a worker with the same workplace, at the above D office.

However, as seen earlier, the Defendant did not have any intention or ability to repay the money in time according to the promise.

Nevertheless, the Defendant, by deceiving the VictimF as above, was transferred from the Victim F to the above account on the same day, KRW 4 million from the Victim F, and KRW 7 million in total from the same account on February 1, 2017 to the same account on the same day.

3. Each of the frauds against the victim G (n, 41 years of age) and the victim H (n, 47 years of age) committed a false statement to the said D office on January 19, 2017, and to the victim G and the victim H, who were in the same workplace, with the same intent.

However, as seen earlier, the Defendant did not have any intention or ability to repay the money in time according to the promise.

Nevertheless, the defendant deceivings the victims respectively, and is under the name of the defendant on the same day from the victims.

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