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(영문) 대전지방법원 논산지원 2014.04.08 2013고단528

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Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Prior Crimes of the latter concurrent crimes of Article 37 of the Criminal Act] On June 29, 2012, the Defendant was sentenced to a suspended sentence of imprisonment for four months for fraud in the Daejeon District Court Seosan Branch on July 7, 2012, and the judgment became final and conclusive on July 7, 2012

【Criminal Facts】

On January 17, 2010, the Defendant stated that “Ackin E is urgently required to operate a coffee self-market business at around 11:00 on January 17, 2010, the Defendant is liable to pay off the two months,” and that “Ackin E is liable to receive reimbursement within the two months.”

However, in fact, the Defendant had not received five million won loan request from E, and there was no intention or ability to repay the amount even if he borrowed the amount from the victim because it was difficult for the Defendant to repay the principal of the amount equivalent to KRW 72 million to the victim.

As such, the Defendant made a false statement to the victim, and obtained 5 million won in cash from the victim on the same day, and acquired it by fraud.

On February 22, 2010, the Defendant called the victim's phone at a place where it cannot be known on February 22, 2010, and the Defendant called "Fourth, the Defendant shall pay off the installment savings between 10,000 won and 10,000 won of the college registration fee of his/her father and wife."

However, in fact, the defendant did not have been asked to borrow the university registration fees from his wife. However, the defendant did not have any intention or ability to repay the principal of the debt equivalent to KRW 72 million against the victim, because it was difficult to repay the principal of the debt to the victim.

As such, the Defendant received 9.7 million won from the victim to the agricultural bank account under the name of the Defendant on the same day and acquired it by fraud.

On March 10, 2010, the Defendant calls the victim at a place where it is not known on March 10, 2010 and calls for a “inception E due to urgent circumstances, five million won is required.”

If 500,000 won is additionally lent, Kenya around October 2010.

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