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(영문) 대전지방법원 홍성지원 2018.06.05 2018고단103
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal record] On March 14, 2006, the Defendant was sentenced to 10 months of imprisonment for fraud in the support of the Southern District Court of the Jeonju on March 14, 2006, and was released on January 30, 2007 during the execution of the sentence in the Jeonju prison, and the parole period expired on April 8, 2007.

[Criminal facts]

1. Around May 2008, the Defendant made a false statement to the victim F at the E coffee shop located in Y-gu Seoul Special Metropolitan City on April 2008, 2008, stating that “The Defendant would pay the principal and interest five months after lending 25 million won with operational funds for cosmetics.”

However, even after being discharged from the office of fraud, there was a debt equivalent to KRW 100 million without any special property in bad credit, and the above loan also was invested in the sale of multi-stage cosmetics without any specific business plan, and there was no intention or ability to complete the loan even if it was borrowed money.

On May 13, 2008, the Defendant received 20 million won from the injured party to the post office account in G name, and received five million won from the E coffee shop on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Around June 15, 2008, the Defendant made a false statement to the above victim that “Around June 15, 2008, the Defendant would repay to the above victim up to 25 million won borrowed additional KRW 35 million on loan by opening a singing room.”

However, even if the defendant borrowed the above money, he did not have any intention or ability to repay it.

Around June 16, 2008, the Defendant received 20 million won from the injured party at the above E coffee shop on or around June 16, 2008, and transferred 2.4 million won to the account of North Bank in the name of his/her father and wife H on the same day.

6. The same year in which he/she received six million won at the instant coffee shop around the 17th day and transferred two million won to the account in the former H bank in the name of the H on the same day.

6. Around 26.26. Around the same day, a total of 34 million won was issued at the coffee shop.

Accordingly, the defendant was given property by deceiving the victim.

3. On September 1, 2008:

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