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(영문) 대구지방법원 2020.04.28 2020고단1130
사기
Text

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

Reasons

Punishment of the crime

1. On September 11, 2017, the Defendant made a false statement to the effect that “The Defendant would pay money by means of a real estate auction if he/she saws money to the victim N in an influence place at the same time and below, and if he/she invests money to B, he/she will pay money by auction.”

However, in fact, the defendant did not have the ability to return the principal and the profits of the investment to the victim because he was planned to repay the debt related to the insurance company's agency that the defendant had been operating or to use it as the apartment house's funds with the money received from the victim due to the auction of real estate.

As above, the Defendant, by deceiving the victim and deceiving him/her from the victim on September 1, 2017; KRW 160 million on September 18, 2017; KRW 25 million on September 26, 2017; and KRW 50 million on January 30, 2018; and acquired KRW 160 million on September 25, 2017, by deceiving him/her as investment in cash.

2. The Defendant’s fraud against the victim Q is a person who engages in insurance products sales business under the trade name “B” in Ansan-dong City.

On July 2018, the Defendant made a false statement to the effect that “The Defendant would pay the price to the victim Q Q, if he lends his name so that he can use a credit card and mobile phone,” and thereby, would benefit the party, if the actual usage of the credit card and mobile phone is listed.”

However, at that time, the Defendant was accumulated due to the sales business of the above insurance products, and the Defendant was paying the pre-paid credit card loan with the newly issued credit card, and the Defendant did not have any intent or ability to pay the pre-paid loan even if using a credit card or mobile phone in the name of the victim because of the circumstance that the Defendant was unable to settle the investment debt under the above Paragraph 1.

The Defendant above.

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