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(영문) 청주지방법원 충주지원 2018.02.23 2016고단938
사기등
Text

From among crimes No. 1 of the judgment of the defendant, each fraud, which is entered 1 to 8 times in the list of crimes, shall be punished by imprisonment.

Reasons

Punishment of the crime

[criminal records] On February 19, 2013, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended sentence on February 27, 2013, and the above judgment became final and conclusive on February 27, 2013. On May 22, 2014, the same court was sentenced to one year and three months of imprisonment and two years of suspended sentence, and the above judgment became final and conclusive on September 2, 2014.

[Presumption of Facts] The defendant is a person who actually operates a plan for the establishment of a credit collection company in Suwon-si C.

[2016 Highest 938]

1. On May 2012, the Defendant against the victim E, who reported the advertising banner of the said D (State) to a police officer at the early stage of May 2012, the Defendant ought to take deposit money to the court, once he/she intends to receive money.

When sending the deposit money to the account, it is intended to identify and deal with the above problem.

Around May 15, 2012, “Around May 15, 2012,” the victim’s claim collection contract was entered into between the victim and the victim’s claim collection contract with the said D Co., Ltd. office.

However, the Defendant had been suffering from the management difficulties of the “D Co., Ltd.” operated at the time, and there was no need for seizure costs or legal expenses of KRW 0,000 to collect the victim’s claims. Therefore, even if the Defendant received the money from the injured party due to seizure costs, there was no intention or ability to use the money for each of the above purposes.

Nevertheless, on July 11, 2014, Defendant 1 received KRW 33 million from the victim of the false statement as above from the F bank account in the name of “D Co., Ltd.” (G) and received KRW 11,00,000 from the victim, as indicated in the following crime list, and received KRW 212,447,30,00 in total from around that time to April 17, 2013 from that time to the F bank account (J) account in the Defendant’s wife.

Accordingly, the defendant was given property by deceiving the victim.

[2017 Highest 157]

2. The Defendant against the victim K is actually a debt collection company with the trade name, “D Co., Ltd.” located in Suwon-si C.

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