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(영문) 대전지방법원 2019.05.09 2018고단3881

사기

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

[Criminal Power] On January 14, 2016, the Defendant was sentenced to four months of imprisonment for fraud and one year of suspended execution at the Daejeon District Court on January 22, 2016 and the judgment became final and conclusive on January 22, 2016.

【Criminal Facts】

1. On July 3, 2015, the Defendant committed fraud: (a) on July 3, 2015, at the “D sales outlet” of the Defendant’s operation of the Daesung-dong B apartment C; (b) the victim E, who was aware of his/her reputation, borrowed KRW 10 million as required as the expenses for the operation of the D sales outlet; and (c) the victim E, who was aware of his/her reputation, shall be repaid within several months.

However, in fact, the Defendant received money from the victim and thought to use it as debt repayment and living expenses, and did not incur any particular profits at the same time, and did not have any movable property, and there was no intention or ability to repay the money borrowed from the victim.

The defendant has received 7 million won from the victim to the foreign exchange bank account in the name of the defendant on the same day, and the same year.

7. 21. 21. The 3 million won was remitted to the same account and the sum of 10 million won was acquired by defraudation.

2. On September 14, 2015, the Defendant committed the crime of fraud at G Hospital located in Dae-gu, Jung-gu, Seoul on September 14, 2015, stated that “The said victim is in need of KRW 20 million to engage in other business. The said victim shall be jointly held to the money that he/she had not repaid before he/she sold the D sales store, and the facts charged are acknowledged according to evidence that he/she said that he/she would have repaid the money within a several-month period. However, the Defendant said that he/she would have paid the money within a several-month period, as there is no impediment to the Defendant’s exercise of the right to defense, thereby correcting the facts charged ex officio.”

However, in fact, the defendant received money from the victim and thought to use it as debt repayment and living expenses, and there was no property that can be received and disposed of at the time, and there was no intention or ability to repay the money borrowed from the victim.

The defendant acquired 20 million won from the victim to the bank account in the name of the defendant on the same day.

3. On November 2015: