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(영문) 청주지방법원 충주지원 2019.03.22 2018고단506
사기
Text

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

Around October 15, 2010, the Defendant made a false statement to the victim B, “I have to have a director rapidly as a school problem, and can receive the deposit of the house now at the same time after one week, if I have lent KRW 10 million, I will use it only one week and receive the deposit of the house.”

However, at the time of fact, the deposit that the Defendant could receive was only 2.7 million won, and the Defendant thought that the money received from the victim was used for directors' expenses and living expenses, so there was no intention or ability to pay the money even if he received the money from the victim.

As above, the Defendant, by deceiving the victim as above, was issued a cashier’s check ( check number: C) equivalent to KRW 10 million from the victim’s seat.

On March 2013, 2013, the Defendant stated that “The victim E knows a person who is able to work to normalize the underground fund of the President. It is a big profit to normalize the underground fund. If the Defendant lends money to him/her for work, he/she will jointly repay not only the principal but also the profits.”

However, in fact, the defendant was not well aware of the personal information of the person who can work for the normalization of underground funds, and there was no basic confirmation or examination on whether the work for the normalization of underground funds can be performed, and even if the defendant borrowed money from the victim without any assets at the time, there was no intention or ability to pay the principal or the profit normally.

Nevertheless, on April 12, 2013, the Defendant deceiving the victim, and then deceiving the victim, issued two cashier’s checks equivalent to KRW 10,000 (F, G), and five million (one check number: F, G, and five million):

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