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(영문) 서울중앙지방법원 2019.02.13 2018고단1150
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 July 18, 2018, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Central District Court on July 19, 2018, and the judgment became final and conclusive on July 19, 2018 due to the Defendant’s waiver

[2018 Godan1150] On May 24, 2016, the Defendant made a false statement to the victim B, who was seeking a loan amounting to KRW 3 billion from the Defendant, by telephone, that “The D person in Seoul is a partner in the house, who was living in the house, and was given a loan to that person.” In order to obtain a loan, the Defendant made a false statement to the effect that E employees would prepare documents to enter the loan examination, and that they need to pay KRW 10 million for the expenses to be borne by them.”

However, the defendant did not have the ability to arrange a loan equivalent to KRW 3 billion, and even if he received KRW 10 million from the victim as a loan-related expense, he was thought to use it as a security deposit for the defendant's officetel lease.

The Defendant received KRW 10 million from the victim on May 24, 2016 as loan-related expenses.

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

[2018 Highest 2433] On May 20, 2017, the Defendant made a false statement to the auditor G of F Co., Ltd., a new manufacturing chain, by phone call, that “F will connect F to supply physicalization to H and I so that H if it is sent KRW 5 million to be used as expenses.”

However, the defendant was unaware of H or I's representative, and the F did not have the ability to allow H or I to supply physicalization to H or I, and even if he received money from the victim, he was thought to use it for personal purposes such as mobile phone charges of the defendant.

On May 29, 2017, the Defendant supplied the Defendant with the K Bank account in the name of his JJ on May 29, 2017.

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