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(영문) 대전지방법원 2019.02.21 2018고단1756 (1)
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[2018 Highest 1756] On March 2015, the Defendant stated that “The principal shall be returned within one month and 20% of the principal shall be paid as profit if the Defendant has invested the money in return for the imported goods,” at the Daegu Jung-gu B market operated by the Defendant.”

However, even if the defendant received money from the victim, he was merely the intent to use it for living expenses or other debt repayment, etc., and did not have the intent or ability to leave the principal and profit as agreed.

As above, the Defendant, by deceiving the victim and allowing the victim to settle one million won around March 25, 2015, and by May 14, 2015, received property worth KRW 45,800,000 in total over 25 times, as indicated in the attached crime list, and acquired property benefits.

[2018 Highest 2762] On July 20, 2015, the Defendant stated that “This apartment is more than 80 square meters, and all people have sold things. Only mincke is sold and several million won remain. The Defendant also intends to open the mincing as a subdivision even in Daejeon. The Defendant attempted to sell the mincing. The minc is going to sell KRW 10 million. The minc is to lend the minc. Around 10 days.”

However, in fact, the defendant did not have any intention or ability to pay money to the victim because he/she had a debt of KRW 100 million or more at the time, and thought that he/she will receive money from the victim to use it for living expenses

The Defendant, by deceiving the victim as above, received a total of KRW 10 million from the H bank account (Account Number: I) in the name of G used by the Defendant on two occasions under the same name as the loan from the victim at the same place on the same day.

[2018 Highest 2928] On April 6, 2015, the Defendant dumped the victim J of minke clothes, well-known household, etc. in the Daegu-gu B market “C” clothes in the victim J.

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