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(영문) 광주지방법원 순천지원 2019.07.17 2018고단2837
사기등
Text

One year is imprisonment with prison labor for each of the crimes of the 2018 Highest 2837, 2019 Highest 239(1) and 2-A, and 201 Highest 260 in the judgment of the defendant.

Reasons

Punishment of the crime

【Criminal Force】 The Defendant was sentenced to three years of imprisonment for fraud, etc. at the Gwangju District Court on July 19, 2017, and the judgment became final and conclusive on June 28, 2018, and is currently confined in a net prison.

[Judgment of the court below] On November 2017, 2017, the Defendant: (a) transferred the name of the C Ecoos vehicle operated by the Defendant to the victim B by phoneing the name of the victim at the Hadman's Hadon site; and (b) borrowed a loan of KRW 40 million to the victim; and (c) subsequently, (d) borrowed a loan to repay the loan after the month.

However, at the time, the defendant did not have the intention or ability to repay even if he was given a loan under the name of the victim because of economic difficulties such as being tried to commit the crime of defraudation of the KRW 00 million.

Around December 7, 2017, the Defendant, by deceiving the victim, borrowed 40 million won in the name of the victim from D around December 7, 2017, and had the victim bear the above loan, and acquired pecuniary profits equivalent to the above amount.

[2019 Highest 239]

1. Fraud to victims E;

A. On June 4, 2018, the Defendant concluded that “A dump truck repair cost cannot be paid by losing a corporate card” to the victim E in the mutual infri-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju, the Defendant made a false statement to the effect that “A dump truck repair cost will be paid without mold within a day on which the said repair cost would be settled.”

However, in fact, the defendant did not have a certain income at the time, and he did not have a legal entity that he operated, and acquired approximately KRW 300 million from the Gwangju District Court on July 19, 2017, and was sentenced to imprisonment with prison labor for a period of three years for fraud and continued the appellate trial. Therefore, the victim did not have any intention or ability to pay the same even if he

On June 5, 2018, the Defendant enticed the victim as above, and settled KRW 1,507,00 with the credit card of the victim from the G industry company located in Nam-gu Seoul metropolitan area F.

Accordingly, the defendant deceivings the victim, thereby acquiring the pecuniary benefits of KRW 1,507,00.

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