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광주지방법원 2019.06.04 2018고단2290

사기

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

"2018 Highest 2290"

1. Around December 2017, the Defendant filed a claim for the principal of the loan with the 166-party customers who made a false representation on the following grounds: “Around December 2017, the Defendant: (a) made a false statement with the victim H that “I would have experienced in domestic credit business; (b) made four presidents and granted only a report of credit business and registration of business; and (c) made funds to be used for the loan, the Defendant would have made a direct payment of all damages; and (d) made a false representation on the part of the lender; and (b) made a false loan agreement with the 166-party customers.”

However, even if the defendant received money from the victim, the defendant was thought to use the sports debate or personal debt repayment, etc., and actually did not have the intent or ability to pay the loan by entering into a loan agreement with the lending customer.

The Defendant, as such, by deceiving the victim and receiving KRW 120,00 on December 6, 2017 from the victim, received KRW 3,400,00,00 from the victim, and, as shown in the attached Table I, acquired the victim by deceptioning KRW 120,030,00 on a total of 32 occasions from around that time to February 1, 2018.

"2018 Highest 3360"

2. On June 5, 2018, each Defendant against the victim I, D, J, E, C, and F made a false statement that the Defendant would sell a gift certificate on the Internet L at the Defendant’s home located in the North-gu Seoul Northern-gu Seoul Northern-gu, stating that he would deposit money with the victim I who reported and contacted this.

However, in fact, since June 2018, the defendant did not have a situation to send merchandise coupons to the victim, and there was no intention or ability to send merchandise coupons to the victim because he did not want to return money to other buyers who have previously transacted.

Around June 5, 2018, the Defendant, by deceiving the victim, received KRW 1,260,000 from a bank account (Account Number:O) in the name of the Defendant and received KRW 1,260,000 from the victim.