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(영문) 광주지방법원 2020.02.12 2019고단3193

사기등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

2. Defendant B shall be punished by imprisonment with prison labor for not less than ten months.

except that this shall not apply.

Reasons

Punishment of the crime

[2019 Highest 3193]

1. On August 2, 2018, the Defendants concluded that, at around 15:00 on August 2, 2018, the “E office” office of the victim D’s operation in Gwangju Mine-gu, the victim “if the vehicle is emitted from the auction site, and if the vehicle is transferred to the intermediate trading company, the proceeds will accrue.” The Defendants said that, if the money is required to be lent to KRW 15 million, us will be jointly liable and repaid KRW 500,000 after two weeks, she will be paid at one time.”

However, there was a fact that the Defendants traded 2-3 heavy vehicles around that time, but the profits accrued therefrom was less than 20-30,000 won, and there was no real estate transaction in the real estate agent office at the time, but there was no income. Defendant A had a debt in arrears with the financial right from around 2014 to about KRW 5,00,00,000. Defendant B had an application for credit recovery and repaid the debt in 201 due to the overdue payment of the credit card amount of approximately KRW 30,000,000,000, and thus, Defendant B had no intention or ability to repay it later than 2 weeks, even if she borrowed money from the victim.

As such, the Defendants conspired to deception the victim, and then acquired 15 million won from the victim to the post office account (F) in the name of Defendant B on the same day by transfer from the victim for the second business fund.

2. On December 5, 2018, the Defendants: (a) around December 4, 2018, the H funeral home located in Seo-gu in Gwangju-gu; (b) in paragraph (1), the victim stated in paragraph (1) that “the winning rate is 100% for a game to receive a traffic “traffic” (which is notified in advance of the outcome of the casino in Vietnam) from the friendship-gu that operates the casino gambling table at the local site; (c) the office operating fund is required to be KRW 45 million for this project. If the business fund is lent, the total amount of KRW 15 million will be repaid within three months prior to the loan of the business fund.”

However, the Defendants were at the time.