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(영문) 대전지방법원 논산지원 2018.09.11 2018고단243
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, as a staff member of the Company B, is a person dispatched from April 2014 to December 31, 2017, to the D shop located in the Gyeyang-si, Myun-si, Myun-si and engaged in the sale of E home appliances.

1. Fraud;

A. Around May 26, 2017, the Defendant against the victim F made a false statement to the victim F that “The Defendant would grant a profit from lending money to the victim F in order to make an investment in the G merchandise coupon and to consider a profit if he/she sells air-conditions in large volume.”

However, the Defendant, at the time of lending another person’s card, operated the business by resale after the expiration of the time limit, and was at least 20,000 won of the card to prevent the return of the pre-paid card, and was willing to use the pre-paid card to pay money to the damaged person even if he received money from the injured person as the result of the above-paid business operation method, so there was no intention or ability to make an investment in the re-paid business and to pay money even if he received money from the injured person.

The Defendant acquired property and property profits worth KRW 18,966,00,000,00 from the damaged person to the H bank account (I) in the name of the Defendant from May 26, 2017, and from that time to February 27, 2018, as shown in attached Table 1-3, from that time, the Defendant acquired property and property profits worth KRW 18,96,000,00 in total, from that time.

B. On June 27, 2017, the criminal defendant against the victim J made a false statement to the victim J that “the defendant would later pay interest on a loan of KRW 10 million.”

However, the Defendant had no intention or ability to pay money to the injured party even if the Defendant had no particular property in a state of personal rehabilitation and received money from the injured party due to the lack of any property in a state of personal rehabilitation. The Defendant, at the time, was running a business by way of re-satising another person’s card after the expiration of the time limit and thus preventing the return of the name card.

The defendant shall belong to the injured party.

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