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(영문) 대전지방법원 2018.03.29 2017고단4688
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On December 18, 2015, the Defendant was sentenced to 10 months of imprisonment for embezzlement at the Daejeon District Court, and the judgment became final and conclusive on May 9, 2016.

A. On October 14, 2013, the Defendant concluded that the Defendant would pay KRW 300,000 per month to the victim through the husband C’s husband D, and the principal would be repaid until November 30, 2016.

However, in fact, even if the Defendant borrowed money from a third party without any special property and the economic situation is not good, it would not cover about 220 million won, and thus, even if the Defendant borrowed money from the injured party under the name of a siren business, the Defendant repaid the Defendant’s debt 47 million won to E, and was planned to use some of the remaining money as a living cost, and there was no intention or ability to pay the principal and dividends to the victim within a proper business profit.

Ultimately, the Defendant, as seen above, by deceiving the victim C, received KRW 100 million from the damaged person to the F’s account designated by the Defendant on October 14, 2013, by remittance of KRW 100 million.

B. On May 23, 2014, the Defendant, via D, seeks to acquire and operate the former sirenca company by acquiring a sirenca company directly from the victim via D, from the insane area below Daejeon on May 23, 2014.

A false statement was made to the effect that the loan of funds necessary for operation shall be paid in 4 million won per month and the principal shall also be repaid.

However, in fact, there is no special property, and there is a good economic environment such as about 400 million won of money borrowed from the land. Since the Defendant started gambling from April 201 to May 2014 and used approximately 200 million won of money for gambling as money, even if the Defendant borrowed money from the damaged person under the name of a siren business, the Defendant used a considerable amount of money for gambling, repayment of debts, and living expenses, and uses part of money for siren business.

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