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(영문) 대전지방법원 홍성지원 2018.10.02 2018고단621

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal history] On July 11, 2018, the Defendant was sentenced to six months of imprisonment for fraud in the Hongsung Branch of the Daejeon District Court, and the said judgment became final and conclusive on August 19, 2018.

[Criminal facts]

1. On October 23, 2014, the defrauded of investment money: (a) the Defendant was working in Japan, and the victim C was playing money at the “B” drinking house in which the Defendant was working; and (b) if the Defendant charged D with money, five (5) interest can be paid.

When sending money to B, it is possible to deliver money to D, and no one shall send money to D directly to D.

“A false representation was made.”

However, in fact, D was not the mother of the defendant who was playing in money, and the defendant used D's account only, so the defendant did not have any intention or ability to return the principal even if he received money from the injured party, he did not have any intention or ability to pay the interest or return the principal.

Defendant deceiving the victim as above and transferred KRW 600,000 to E bank account (F) in the name of the same day from that time to April 2, 2016 from that time, from that time, the victim was transferred to the E Bank account (F) in the name of investment, and from that time until April 2, 2016, the Defendant was either delivered KRW 16,970,000 in total on 28 occasions (in Korean won) and transferred KRW 12,00,000 in total (in Korean won) and KRW 16,970,000 in total (in Korean Won KRW 16,039,000) and KRW 12,025,00 in the said account.

2. On June 23, 2016, the Defendant is urgently required for the mother to the victim at the foregoing place.

It shall be paid with interest on the loan of money to the lender.

“A false representation was made.”

However, at the time, the Defendant did not need the Defendant’s mother’s hospital expenses, and was willing to return part of the money borrowed from the victimized person to the victim under the name of profit from the investment funds in the above paragraph 1, and would have been able to pretended that there was investment profits. There was no property owned, and the Defendant’s income was prior to that.