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(영문) 대전지방법원 논산지원 2013.10.08 2012고단499 (1)

사기

Text

1. Two months of imprisonment with prison labor for the crimes set forth in the holding of the defendant 1 to four, and for the crimes set forth in the holding of the defendant 5.

Reasons

Punishment of the crime

[criminal power] On January 13, 2012, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Daejeon District Court Branch Branch of the Daejeon District Court on May 21, 2012, and the judgment was finalized on July 13, 2012. On October 30, 2012, the execution of the sentence was terminated. On October 30, 2012, the Daejeon District Court Seosan Branch of the Daejeon District Court sentenced two years of suspended execution to eight months of embezzlement, and the judgment became final and conclusive on November 7, 2012.

【Criminal Facts】

【2012 Highest 499】

1. On March 11, 201, the Defendant against the victim D made a false statement to the effect that, prior to the cash withdrawal in the Jung-gu Daejeon Special Metropolitan City, the Defendant would immediately pay 1 million won to the victim D with interest, if he/she lent 20 million won as he/she needs to pay her immediately, and he/she would repay her without the mold until May 12, 201. It is possible to fully repay her factory in Busan Special Metropolitan City E. It is possible to repay her debt sufficiently because she has a factory in Busan Special Metropolitan City.

However, in fact, the above money borrowed by the defendant from the victim was lent to F, who is the defendant's seat, and the amount of KRW 1 million, which was paid to the victim, was personally brought to the defendant, and the above real estate presented by the defendant had no intention or ability to pay it even if it was borrowed from the victim because considerable security was already established.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the Agricultural Cooperatives (H) account in the name of his/her father G with the same day as the loan money from the victim.

【2013 Highest 150】

2. On November 13, 2009, the criminal defendant against the victim I made a false statement to the victim I, at the defendant's house located in the Jung-guJ on November 13, 2009, that "(a) the first floor of the K plant will pay KRW 3.5 million to the victim I after completion of the construction work."

However, in fact, since the defendant was in bad credit standing at the time and was responsible for the obligation of several billion won, there was no intention or ability to pay the price in time even if he was responsible for the work to the victim.

The Defendant is the victim.