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(영문) 대구지방법원 서부지원 2019.09.18 2018고단1226

사기등

Text

[2018 Highest 1226], [2018 Highest 2438], [20 Highest 2019 Highest 820], [2019 Highest 1466], and meaning of [2019 Highest 1845].

Reasons

Punishment of the crime

[2018 Highest 1226] The Defendant, on August 24, 2016, was sentenced to two years of imprisonment for fraud, etc. at the Changwon District of Busan High Court on July 12, 2017, and completed the execution of the sentence at the Goyang Detention House.

【Criminal Facts】

The defendant was aware of the victim B's abduction in the same prison, and during the prison, the victim was in large quantity holding the gold leader, and was committed as if he were to use it as business funds by disposing of the gold leader after release.

On July 13, 2017, the Defendant called the victim’s phone call on July 13, 2017, stating that “The amount of money borrowed is KRW 1.5 billion on the face of selling gold, and the amount of money borrowed by disposing of the gold bullion will be repaid and KRW 300 million will be lent as business funds.”

However, at the time of fact, the defendant was not holding gold bullion and the defendant did not have any intention or ability to repay money even if he borrowed money from the victim because there was no certain income or property under the name of the defendant.

As above, around July 13, 2017, the Defendant, by deceiving the victim, received KRW 300,000 from the victim to the C account under the name of the Defendant and received KRW 8,50,000 in total seven times from that time to July 31, 2017, as shown in the list of crimes in the attached list of crimes.

[2018 Highest 2438] The Defendant, on August 24, 2016, sentenced two years to imprisonment for fraud, etc. at the Changwon District of Busan High Court, was terminated on July 12, 2017.

【Criminal Facts】

On July 19, 2018, at around 01:00, the Defendant driven a HH-coo vehicle without obtaining a driver’s license from around 40 meters from the front day of the Enonoba bank located in N, to the front day of the G convenience store located in F, and without obtaining a driver’s license, while under the influence of alcohol of about 0.201% of blood alcohol concentration.

[2019 order 820] [criminal power] Defendant is Busan High Court on August 24, 2016.