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(영문) 대전지방법원 천안지원 2013.10.07 2013고단871

사기

Text

Defendant

A Imprisonment with prison labor for three years, and for one year, for Defendant B.

Reasons

Punishment of the crime

[Criminal Justice] On May 31, 2012, Defendant B was sentenced to eight months of imprisonment for a crime of fraud in the Daejeon District Court’s Incheon District Court’s Branch on July 30, 2012 and the said judgment became final and conclusive on July 30, 2012.

【Criminal Facts】

1. In collusion with the Defendants, around October 9, 2009, at the “E” house located in Chungcheongnamnam-si, Chungcheongnam-si around October 9, 2009, Defendant A lent KRW 150 million to the victim F, who is the Defendant’s financial position, to the victim F, but the amount of KRW 30 million out of KRW 40 million for the victim’s financial obligation of KRW 30 million for the victim’s financial position is to be settled in a way of full payment instead of the victim’s financial position. Defendant B also stated to the effect that if the victim intended to purchase her financial position, Defendant B would pay KRW 150 million for the interest of KRW 150,000,000 for the victim’s financial obligation of KRW 30,000.

However, in fact, in order to recover his claim against Defendant B, Defendant A did not have any plan to purchase a pre-paid product, but, in fact, Defendant B had a woman make such a false statement, and even if Defendant B borrowed money from the victim under the above conditions, it was difficult for the victim to use the full amount in repayment of the obligation to Defendant A. Therefore, the victim did not have any intent or ability to make a normal repayment.

The Defendants deceptioned the victims as such, and acquired them from the victims to the Agricultural Cooperative Account in the name of Defendant A as of the same day.

2. Defendant A

A. On April 25, 2009, the Defendant, around April 2009, committed a crime against the victim F, paid-in money: (a) the Defendant, at his home located in Gyeonggi-si G around April 25, 2009, made a telephone call to the victim F, and paid-in money monthly by joining the 110 million won number per 10 million won number per 10 million won number per son’s credit; and (b) the Defendant would pay-in money according to the sequence without the mold.