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(영문) 대전지방법원 천안지원 2019.01.11 2018고단239

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On June 19, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in the Daejeon District Court's Incheon Branch Branch on January 12, 2016, and completed the execution of the sentence.

"2018 Highest 239"

1. On November 2016, the Defendant stated that “A victim C, who parked a vehicle at the entrance of the apartment house B in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and then lent money to the Defendant, demanded the payment of money that he had been previously lent to the Defendant, requires money to be transferred to the name of the land that he/she succeeded to. When lending money, until March 2017, the Defendant would necessarily transfer the name.”

However, even if the defendant receives money from the victim C, he did not have any intention or ability to transfer the name of the land or to repay the money.

As above, the Defendant, by deceiving the victim C as such, received each transfer of KRW 10 million from the victim C on December 8, 2016, KRW 10 million on December 9, 2016, KRW 7 million on December 13, 2016, KRW 15 million on December 15, 2016, KRW 7 million on December 15, 2016, KRW 7 million on December 20, 2016, KRW 10 million on December 21, 2016, KRW 50 million on December 22, 2016, KRW 50 million on the account number in the name of the Defendant (D).

2. On December 30, 2016, the Defendant stated that “A victim C is obliged to repay the said vehicle if there is a eFnata type motor vehicle owned by the land owner, and the said vehicle is lent KRW 10 million as security.”

However, even if the defendant receives money from the victim C, he did not have any intention or ability to provide a vehicle as security or to repay the money.

As above, the Defendant, by deceiving the victim C, received KRW 10 million from the victim C on December 30, 2016 from the victim C to the said post office account.

3. On January 1, 2017, if the Defendant lends KRW 8 million to the victim C at an infinite place, the Defendant would take a cashier’s check with the face value of KRW 10,000 issued by another.

"......"

However, even if the defendant receives money from the victim C, it is issued by another person.