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(영문) 광주지방법원 목포지원 2018.06.15 2017고단1096

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 1096] Around June 2015, the Defendant agreed to engage in a club business to purchase and sell goods at low prices with C, the Defendant’s seat, and the victim D and the early stages of the strike (on the top), and the Defendant and the victim agreed to invest KRW 50 million, respectively.

On August 11, 2015, the Defendant issued a false statement to the owner of the F coffee shop located in the building in the Republic of Korea, “In order to seek early payment of money, and to receive preferential payment of money early payment of money, the Defendant first deposited KRW 30 million to the owner of the ship.”

However, even if the money is transferred from the victim of early payment, it is thought that it will be used for living expenses, etc., and there was no intention or ability to use it for the early project by being given priority to the owner of the ship early payment.

The defendant deceivings the victim as above and acquired 30 million won from the victim's account (G) with the name of the defendant on the same day.

[2018 High Order 341] On September 28, 2017, the Defendant was indicted for a crime of fraud with the Gwangju District Court Manpo-gu, Gwangju District Court branch, and in the above fraud case, the Defendant was issued KRW 30 million under the name of the early preferential payment deposit to the owner of a ship, etc. and did not deliver it to the owner of the ship, etc. and used it for personal purposes. On August 11, 2015, the Defendant was willing to look at as if he remitted KRW 5 million out of the above KRW 30 million to the account in the name of the owner of the ship, etc. under the name of the owner of the ship, even though he was transferred to H under the name of the owner of the ship as his personal debt repayment.