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(영문) 대전지방법원 천안지원 2012.05.11 2011고단396

사기등

Text

A defendant shall be punished by imprisonment for six 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

[201st order396] On September 15, 2009, the Defendant made a false statement to the effect that “The Defendant would make a payment of the deposit money without molding it on the designated date, so that he may receive the deposit money from the serial system operated by the injured party at once” at the Yannam-gu Seoul Metropolitan City cafeteria, Chungcheongnam-gu, Seoul Metropolitan City on September 15, 2009, and his father prepared a letter written by E as a joint guarantor.

However, the facts showed that the Defendant had a debt owed to others in KRW 100 million and that the Defendant had an economic difficulty in managing the debt. The above E is a university student, so it does not have economic ability, and there is no factual difference with the Defendant’s consent to joint and several sureties, and there was no intention or ability to repay the debt or pay the debt in time even if the Defendant received it.

The Defendant had the victim pay F KRW 5 million to F, and KRW 3.6 million to G, respectively, and the Defendant paid KRW 1.4 million to the victim.

Accordingly, the defendant abused 10 million won by deceiving the victim.

[2011 Highest 788] From September 15, 2007, the Defendant organized and operated the number system of 24 old units causing KRW 10 million, and the Defendant had the duty to pay the same day fraternity to the victim D who had been determined to avoid the same day when he received KRW 10 million from the fraternity members on November 15, 2007.

Nevertheless, the defendant, without paying it to the victim, consumed it for personal purposes and acquired pecuniary benefits equivalent to KRW 10 million in the fraternity, and suffered losses equivalent to the same amount as the victim.

[2011 Highest 1189]

1. On March 25, 2009, the Defendant sent the victim D with no money that he/she passed at the Ha University in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

The deposit money will be paid in good faith, so it has been admitted to the system and changed.

It is necessary to pay a monthly wage of 20 million to 3 million won every month when entering an insurance company.