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(영문) 창원지방법원 통영지원 2020.07.22 2019고단698

사기

Text

The crime of paragraph (1) and (2) of the judgment of the defendant shall be punished by imprisonment with prison labor for not less than six months for the crime of paragraph (1) and (2) of the judgment.

Reasons

Punishment of the crime

On July 10, 2015, the Defendant was sentenced to a suspended sentence of one year and six months for fraud in the Changwon District Court’s territorial branch on July 10, 2015, and the judgment became final and conclusive on July 18, 2015. On May 18, 2016, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment with prison labor in the same court for fraud, and the judgment became final and conclusive on May 26, 2016.

1. Fraud against the victim B;

A. Around June 6, 2015, the Defendant made a false statement to the effect that “D” located on the first floor of the building C, Tong Young-gu, Dong Young-gu, and that “If the Defendant borrowed KRW 50,000,000,000, the Defendant would be repaid within two months as the progress payment that he would promptly receive, and that the Defendant would not know about the work in the veterinary hospital.”

However, in fact, the Defendant did not have any special occupation at the time and did not pay taxes such as global income tax, and the company run by the husband of the Defendant did not have any economic situation, and even if she borrowed money from the victim, she thought to use other debts for the purpose of repaying obligations by means of “losting”, and did not have any intent or ability to pay such taxes.

Ultimately, the Defendant, by deceiving the victim as above, received 10 million won from the victim to the post office account (F) in the name of the Defendant E under the name of the victim for the same day, and acquired 3205 million won in total from the same account on September of the same month and acquired 42 million won in total.

B. Around May 2015, at a place where a place is unknown, the Defendant subscribed to a successful bid agreement with the victim’s leader, 18 members of the fraternity, 3 million won of the monthly payment, and 51 million won of the successful bid payment. However, at the time, the Defendant did not have any special occupation, and was in excess of the liability equivalent to the KRW 51 million of the total income tax, etc., and the Defendant was in arrears with taxes, such as global income tax, etc., and the company run by the husband of the Defendant was in a difficult situation. Thus, even if the Defendant was paid the amount from the victim, it is different in the way of “com