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(영문) 대전지방법원 2015.03.03 2014고단2584

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 70 million won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

On September 24, 2014, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Daejeon District Court on September 24, 2014, and the said judgment became final and conclusive on October 2, 2014.

Around May 1, 2013, the Defendant presented to C a list of shares of 100 million won for the face value of 100 million Korean bank, which was requested a discount from D, at the mutual and American coffee shop located in Daejeon Seo-gu, Daejeon, the Defendant made a false statement to the effect that “E, the issuer of the check, is a person who is the head of the Veterans Association, and is in the process of accepting and remodeling the theater in Sungnam-nam, it would issue a party account because of the lack of funds to pay a short amount of 50 million won, out of the loans borrowed from C before the face of discount,” which reads that the above list of shares of 100 million won will be settled normally.

Since then, the victim was transferred KRW 92.5 million from F at the discount of the above number of shares, and applied KRW 52.5 million to his claim against the defendant, and the defendant was attempted to bring about 42.5 million won to the defendant. The defendant again made a false statement to the victim that "I would bring about the victim's share of 50 million won again within one week per week in a week in order to take the 50.5 million won unit, and if you would not be able to additionally pay the existing debt, I would bring about the 50 million unit number mark."

However, in fact, the issuer E was not the president of the Veterans Association, and the account of the above party unit was already in default on April 23, 2013, and the defendant was aware that half of the discount amount in return for the request for the discount of the above party unit number, and the above party unit number might not be settled at maturity. Furthermore, the defendant did not have an additional statement of the 50 million won unit number to be paid to the victim, even if he received the above money, there was no intention or ability to pay the above money.

Nevertheless, the defendant is above.