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(영문) 대전지방법원 2018.05.03 2016고단4120

사기

Text

A person shall be punished by imprisonment with prison labor for one year for a crime set forth in the holding of the defendant, and by imprisonment with prison labor for six months for a crime set forth in the holding of the defendant.

Reasons

Punishment of the crime

1. [Attachment to the Copy of the Judgment] [Attachment] [Attachment 2016 High Order 4120] The Defendant was sentenced to the suspension of the execution of imprisonment for six months at the Daejeon District Court on January 28, 2015 and the said judgment became final and conclusive on February 16, 2015, and according to the investigation report (Attachment to the Copy of the Judgment) at the Daejeon District Court Decision 2013No 1560 decided January 28, 2015, it constitutes a case where the Defendant simultaneously judged it at the same time with the final and conclusive judgment of three months for the crimes stipulated in Articles 3 and 4 of the Judgment of the District Court.

[2] On June 1, 2014, the Defendant told the victim D at the Defendant’s office located in Daejeon Jung-gu, Daejeon, Daejeon, that “it is an expert in the internal computer program, who operates an adult amusement room together with an adult amusement room. If an investment of KRW 5 million is made, the Defendant may be punished from KRW 50,000 to KRW 70,00 per day.”

However, the defendant did not have the intent or ability to pay the victim the profit according to the promise even if he received the investment from the damaged person.

On June 24, 2014, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the Agricultural Cooperative account in the name of E on June 24, 2014, and received KRW 188,700,000 in total over 31 times from around that time to November 17, 2014, as shown in the attached crime list (7 pages).

2. [2017 Highest 5013 [2017 Highest 5013 [2018 Highest 675 [2018 Highest 765], [2018 Highest 765] The Defendant completed the execution of imprisonment on April 22, 2015 with prison labor for six months as a crime of fraud at the Daejeon District Court on January 28, 2015.

[Criminal facts]

A. [Attachment 2017 Highest 5013] On June 5, 2017, the Defendant sought money from the victim F, who is a physical employee, to purchase or sell Guide on the part of the Daejeon Dong-dong, Daejeon, Daejeon, around 16:00.

It was said that it would be immediately repaid including interest on the loan of KRW 1430,000 for the purchase value of old interest.

However, even if the defendant borrowed money from the injured party, he was thought to use it as living expenses, etc., and at the time, he was liable for debts of 180 million won or more.