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(영문) 대전지방법원 홍성지원 2020.01.21 2019고단225

절도등

Text

The imprisonment with prison labor for the accused shall be three and a half years and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Justice] On January 22, 2013, the Defendant was sentenced to three years of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and completed the execution of the sentence on November 3, 2015.

【Criminal Facts】

1. On September 10, 2017, the criminal defendant against the victim C made a false call to the victim C at a place where his/her address is unknown (hereinafter referred to as the “Sinsan City”) and at a place where it is difficult to identify, and the victim C did not pay the oil value for a few months. If the amount to be used as oil value is leased KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, the Defendant thought that the above borrowed money would have been repaid to the Defendant E and the Defendant’s personal debt or used it as the Defendant’s living expenses. At that time, the Defendant had no variable property, and there was no monthly income without delay, and the end of September, 2017 did not receive the refund of value-added tax. Therefore, even if the Defendant borrowed the borrowed money from the victim, there was no intention or ability to pay it.

On September 12, 2017, the Defendant: (a) by deceiving the victim; (b) received KRW 20 million in cash from G office located in Chungcheongnam-si, Chungcheongnam-si; (c) received KRW 5 million in cash around September 30, 2017; (d) received KRW 5 million in cash from the new bank account in the name of the Defendant; and (e) acquired KRW 30 million in total by remitting KRW 5 million in cash from the new bank account in the name of the Defendant on the same day.

(A) On May 21, 2018, the Defendant’s fraud against the Victim H was made at the J precious metal sales store operated by the Victim H in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and even if the fact was received, the payment is made.