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(영문) 광주지방법원 순천지원 2018.11.16 2017고단2592
사기등
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 14,80,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On June 1, 2012, the Defendant was sentenced to six months of imprisonment for fraud in the Gwangju District Court's Netcheon Branch, and completed the execution of the sentence on October 16, 2012 in the Sejong Prison.

On January 12, 2017, the Defendant was sentenced to embezzlement, imprisonment with labor for fraud, and imprisonment with labor for not more than one year and four months, and this judgment became final and conclusive on May 22, 2017.

On May 24, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act in the same court, and this judgment became final and conclusive on June 23, 2017.

[2017 Highest 2592]

1. The criminal defendant against the victim D is a person who runs a mobile phone sales store under the trade name of E;

On November 2016, the Defendant received a loan request from the victim D who reported and contacted the advertisement after paying the F's advertising column and the mobile phone security loan advertisement.

On November 22, 2016, the Defendant would offer the victim with “Otobbba security loan” to the victim at H where the damaged party works in G at a leisure time.

There is a fake 12 million won fake, which is provided as security to filial capital and received a loan of KRW 10 million, and makes a false statement to the effect that 1.5 million is changed as a pre-loan for the loan.

However, the Defendant did not have an intention or ability to receive a security loan even if he did not have a 12 million won fake, so even if he did not receive money under the name of a loan from the injured party.

Nevertheless, on November 22, 2016, the Defendant, by deceiving the victim as above, received KRW 1.5 million from the SC bank account in the name of the Defendant’s designated on November 22, 2016, from the victim, and acquired it by transfer under the name of the SC bank account in the name of the Defendant.

2. On July 11, 2014, the Defendant’s fraud against the victim J et al., and 51 persons, phoneed from the Defendant’s operation in K to the victim J on July 11, 2014, and “It is necessary to think that he/she would see the name lending.”

If the name is lent, 50,000 won per month shall be adjusted in return, and no damage shall be made after four months.

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