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(영문) 제주지방법원 2014.10.24 2013고단265

사기

Text

Defendant shall be punished by imprisonment with prison labor for two years for each of the crimes (victim T, F) in the 2013 Highest 265, 2013 Highest 1670 cases (victim T, 252) and the Highest 2014 Highest 252.

Reasons

Punishment of the crime

On June 14, 2012, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud at the Seoul Northern District Court, which became final and conclusive on October 5, 2012.

"2013 Highest 265"

1. The Defendant, a joint criminal conduct with V, borrowed money to the victim T in order to resolve the debt owed to V, and V did not lend money to the victim when he borrowed a large amount of money from T at the time, and if he borrowed money from the victim, he did not lend money to the victim. The Defendant is running a business with a large amount of money. However, as if the business fund is needed, the Defendant deceivings the business fund and conspired with the above V to borrow money.

On September 15, 2009, the Defendant conspired with V, at a restaurant near the government general office building located in Jungcheon-si, the Defendant stated to the effect that “I is a director D, and I is obligated to pay 20 million won to the victim. I are carrying on the import business of the vehicle and ship engine, and due to the obligations of I directors, I are obliged to pay I’s obligations. If I’s obligations are lent KRW 20 million, I will assist W Infant Care Board run by Sgent, and I will pay KRW 1 billion to Sgent as I’s entry. And I would pay I’s loan.”

However, the above loan was scheduled to be used as a solution of the above V's debt, and the defendant and the above V did not have any other property at the time and did not have any intention or ability to repay the loan even if they borrowed money from the victim because there was no certain income.

Nevertheless, as above, the Defendant, by deceiving the victim and deceiving the victim, obtained KRW 8 million on the same day from the victim, and obtained KRW 12 million on the 17th day of the same month, respectively, and acquired KRW 20 million in total.

2. On November 201, 201, the Defendant’s sole criminal intent is to guarantee the Republic of Korea’s business of exporting electronic equipment to the victim by phoneing the victim at a place where a police officer was not a policeman.