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(영문) 서울중앙지방법원 2018.12.06 2018고단4746
사기
Text

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

Of the facts charged in the instant case, the amount equivalent to KRW 9,680,750 shall be the property.

Reasons

Punishment of the crime

On August 13, 2015, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud in support of Sungnam District Court, and on March 21, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud in support of Suwon District Court, and was released on December 23, 2016 during the execution of the sentence in the original prison on December 23, 2016, and the parole period was expired on May 17, 2017. On May 9, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court for a crime of fraud.

7.26. A final person.

Around June 1, 2017, the Defendant introduced that the Victim C was operating a company related to the clothes while engaging in the conduct as if the Victim C was the first to have been divorced, despite the existence of a person who was married. From that time, the Defendant had accessed the victim as if he was married with the victim and had the victim believe that he was the victim.

On June 2, 2017, the Defendant called the victim on the land in the French border and transported the goods to the Incheon Port. The Defendant did not pay some of the money to the transportation officers to pay the remainder.

Along with the fact that the inner body had no identification card or card, and the card was issued, a false statement was made to the effect that it borrowed the cost of transportation to reduce money as the card was issued.

However, the Defendant did not engage in the proper clothing business without the registration of the business operator, making it difficult for the Defendant to engage in financial standing. At that time, the Defendant was affiliated with the victim by living together with other women (D). The Defendant did not have any intention or ability to complete payment even if he borrowed money from the victim due to the lack of any particular property or income.

As such, the Defendant was granted KRW 59,580,000,000, from the time to October 11, 2017, by deceiving the victim and receiving KRW 500,000 from the victim as the borrowed money on the same day, as indicated in the list of crimes, from around October 11, 2017.

Summary of Evidence

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