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(영문) 대전지방법원 2017.04.20 2017고단454

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 12, 2014, the Defendant who committed the crime against the victim C shall be entitled to receive the victim’s phone call from the victim at his/her place of default and complete payment of the victim’s debt D.

4,00,000 won is deposited into D's account and repaid within several months of the week.

“The meaning of “.......”

However, in fact, the above debt was not D’s debt but Defendant’s debt, and the Defendant used the money received from the injured party for the repayment of the existing debt, and thus, was so called the so-called “refluence from return,” and thus, there was no intention or ability to pay the money normally even if it was paid from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 4,00,000 from the Saemaul Treasury account in the name of D on the same day from the victim; and (c) from around that time to January 19, 2015, the Defendant’s list of crimes in attached Table from that time.

1. The sum total of KRW 10,300,000 was remitted and fraudulently obtained through a total of four occasions, such as the statement.

2. On December 8, 2015, the Defendant, who committed the crime against the victim E, called the victim on a closed spot and lent KRW 1,000,000 to the victim, shall make an investment in the above bond company and pay 10% interest from the following month, and the principal shall be paid three months after the following month.

“The meaning of “.......”

However, in fact, the Defendant did not know that he had been aware of the nominal bond business operator, and did not have invested in the above bond business operator. Since the Defendant used the money received from the injured party to repay the existing debt, the Defendant did not have an intention or ability to pay the money normally even if he received the money from the injured party.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 1,00,000 to the personal compromise account under the name of the defendant on the same day from the person who is suffering from such deception, and the list of crimes attached from around that time to March 2, 2016

2. The description.