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(영문) 전주지방법원 군산지원 2019.06.14 2018고단1315

사기

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The criminal defendant against the victim B is the relationship between the victim and the high school.

Around July 19, 2017, the Defendant made a false statement stating that “The Defendant shall be suspended from office in Korea at all times to engage in bond business. It is expected to lend money to the police officer of the Hansan Police Station. If the Defendant borrowed surplus funds, he/she shall receive 10% of the interest, receive 2% of the interest, and receive 8% of the remainder, and the principal shall be repaid at least three months at the latest.”

However, the fact that the defendant received money from the victim and thought to consume it for personal purposes such as credit card payment, and did not have an intention or ability to pay interest to the victim or to repay the principal within three months with interest on lending money to another person and receiving interest.

Nevertheless, the Defendant, by deceiving the victim as above, received 4,950,000 won from the E bank account (Account Number:F) in the name of the Defendant on the same day, and received 50,000 won in cash.

Accordingly, the defendant was given money from the victim by deceiving the victim.

2. On November 27, 2017, at around 14:13, 2017, the Defendant borrowed 1.5 million won to the victim as he/she borrowed 1.5 million won to the victim in relation to the bond business. On December 11, 2017, the Defendant transferred 1.5 million won to the victim on December 12:13, 2017.

On December 11, 2017, the Defendant made a false statement to the victim that “Around December 11, 2017, the Defendant would pay interest after two weeks as if he/she lent KRW 4.5 million to the victim.”

However, in fact, the defendant received money from the victim and thought that he would consume it for personal purposes such as personal card and corporate card payment, but did not think that he would consume it with respect to corporate bonds business. The victim did not have a certain amount of income at the time, and H Co., Ltd. operated by the defendant was based on December 31, 2017.