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(영문) 대구지방법원 서부지원 2018.06.12 2018고단688
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 11, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and two months for fraud in the support for the development of the Suwon method, and the above judgment became final and conclusive on July 19, 2017.

1. Fraud;

A. On July 2014, the Defendant, against the victim C, called “(D) to the victim C, who was aware of in the course of performing a marina-related work at a place where a police officer was not a policeman, and called “(5) Mart operation funds are urgently required, and the victim C shall operate the Mart with a priority of KRW 5 million and repay it up to August 15, 2014.”

However, the Defendant did not have any intent or ability to pay money even if he/she borrowed money from the injured party due to the lack of funds to operate Maart, even if he/she did not have any ability to pay the money, even if he/she borrowed money from the injured party on or around June 9, 2014.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received transfer of KRW 5 million from the victim on July 25, 2014; and (c) received a total of KRW 26,466,00 from around that time to January 6, 2015 as indicated in the list of crimes in attached Table 200,000,000 from around eight times.

B. On October 14, 2015, the Defendant against the victim E stated that “In the G warehouse operated by the victim E located in Kimpo-si, Kimpo-si, Kimpo-si, the Defendant open the victim if he/she lent to the victim the insufficient expenses for opening I food and drink to H during the Gyeonggi-si, and would pay interest of 10% and the principal within one month.”

However, in fact, the Defendant was invested KRW 190 million from J in order to start the above food materials marina business due to the lack of capital, but there was no intention or ability to repay money from the damaged party even if the Defendant borrowed money from the damaged party, since it was in a situation in which the Defendant was unable to normally operate the fee, such as there was no funds necessary for the operation of the fee.

Nevertheless, the defendant deceivings the victim as above and transfers 30 million won from the victim.

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