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(영문) 대전지방법원 2018.10.17 2018고단2685
사기
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On August 16, 2017, the Defendant was sentenced to seven years of imprisonment for robbery in the Daejeon District Court's astronomical Branch, and the judgment became final and conclusive on December 9 of the same year.

1. On September 22, 2015, the Defendant shall be entitled to collect money from the victim C by operating the call Ban office in an influence area where the Defendant obtained money from KRW 10 million from the name of the Defendant, on or around September 2, 2015, to repay money to the victim C within two months.

2. The term “assumed.”

However, even if the Defendant borrowed money from the damaged party, it was the Defendant's intent to use it as the Defendant's existing debt repayment and gambling fund, and it was used to operate the call Ban office, and there was no intention or ability to pay the profits to the victim.

Nevertheless, Defendant 1 received 3 million won in the Nong Bank account (Account Number D) account in the name of Defendant on the same day from the victim who caused such false statement to the victim, and 7 million won in the same account on the 23th day of the same month, respectively.

Accordingly, the defendant was given property worth KRW 10 million by deceiving the victim.

2. On October 12, 2015, the Defendant who acquired financial profits equivalent to KRW 9 million from a guaranteed obligation, shall be liable to the victim C to repay the amount of KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000,000) to the lender C.

2. The term “assumed.”

However, even if the Defendant borrowed money from the lending company, he did not have the intent or ability to pay the money borrowed from the damaged party.

Nevertheless, the defendant made a false statement to the victim and caused the victim to be jointly and severally liable for the loan debt in the name of each defendant on October 13, 2015, which is three million won for the loan to the Lone Star Loan Co., Ltd. on the same day, three million won for the Lone Star Loan Co., Ltd. on October 13, 2015, and three million won for the loan to the Lone Star Loan Co., Ltd. on October 13, 2015.

Accordingly, the defendant is the victim.

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