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(영문) 수원지방법원평택지원 2020.09.11 2019고단1136
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On June 11, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon District Court. On June 19, 2018, the above judgment became final and conclusive on June 19, 2018, and on September 7, 2018, the Suwon District Court sentenced two years of suspension of execution to six months of embezzlement, and the above judgment became final and conclusive on September 15, 2018.

【Criminal Facts】

1. On September 2016, the Defendant made a false statement to the victim D by telephone from the office C office operated by the Defendant at Suwon-si, Suwon-si, that “In operating the company, the company operating expenses will be paid after lending money to the victim, if necessary.”

However, in fact, the Defendant did not have any specific property and did not have any intent or ability to repay the above even if he borrowed money from the victim because he was able to use his debt or living expenses with money from the victim.

Around September 19, 2016, the Defendant, by deceiving the victim, received KRW 6,00,000 from the victim’s wife E to the F Association account in the name of the Defendant’s wife E and received KRW 6,00,000 from that time until December 20, 2017.

2. On October 2016, the Defendant made a false statement to the said victim D at the office of the said Co., Ltd. (hereinafter “C office”) stating that “Is the Defendant’s lelave passenger car was transferred to the victim under the name of the victim at the time of locking, and Is the Defendant’s lelabur car as a matter of gold, and Is the Defendant’s lebro loan to be granted as security, and the vehicle name

However, in fact, the Defendant did not have any specific property and was thought to use his/her obligation or living expenses with money from the victim, so there was no intention or ability to repay the loan even if he/she received part of the loan by executing the loan as security on the vehicle.

The Defendant is identical to this.

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