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(영문) 대전지방법원 홍성지원 2015.04.24 2014고단534

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[2014 Highest 534] On July 8, 2013, the Defendant published an advertisement to the effect that he/she would find his/her spouse in the old space of C newspaper published within the budget, thereby spreading the victim D.

Around 12:00 on August 15, 2013, the Defendant made a false statement to the effect that “The Defendant will operate the construction business and make a job for the head of the pention Team in the vehicle back to the victim with the victim at the Ocheon-si located in Bocheon-si. 12:00, the Defendant would make a false statement to the effect that “I will make a payment by operating the business and enter into a marriage with the party.”

However, the defendant did not operate a building project, there was no other woman who was in the school, and there was no intention to marry with the victim, and even if there was no particular property or income, there was no intention or ability to repay the money from the victim.

Nevertheless, the Defendant, as seen above, received 2,620,000 won on the same day from the victim to the Agricultural Cooperative account under the name of the Defendant, and received 52,120,000 won in total from the victim by nine times from that time until December 17, 2013, as shown in the attached List 1, and acquired 52,120,000 won from the victim.

[2014 Highest 678]

1. Fraud;

A. A. Around June 26, 2008, the Defendant made a false statement to the victim E to the effect that “The Defendant is engaged in the penta development project in Chungcheongnam-do, and would make an investment. At present, it would not cause an investment because the funds are closed so that the business will not proceed.”

However, the defendant did not operate a pension development project, and even if he borrowed money from the victim because he did not have any particular property or income as a bad credit holder, he did not have any intention or ability to repay it.

Nevertheless, the Defendant’s false statement to the victim and received KRW 2 million from the victim’s account in the name of the Defendant to the Agricultural Cooperative on the same day.