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(영문) 춘천지방법원 2015.04.30 2014고단947
사기등
Text

1. The defendant shall be punished by imprisonment for two years;

2. The charge of attempted fraud among the facts charged in the instant case is acquitted.

Reasons

Punishment of the crime

The Defendant is a person who was sentenced to four months of imprisonment with prison labor at the Chuncheon District Court on October 31, 2013 and the judgment on February 27, 2014 became final and conclusive.

1. Fraud;

A. On October 2, 2011, the Defendant, through E, the mother of the Defendant, who is aware of the fact at the victim D’s house located in the Nam-gu Incheon Metropolitan City, Nam-gu, the Defendant: “A’s traffic accident agreement is required to be lent KRW 15,00,000 to the victim; and the same month from the victim who believed it.”

5. From that time to February 1, 2012, a total of KRW 51,00,000,000 was remitted to the account of community credit cooperatives (F) in the above E’s name, from that time, from that time, five thousand won was remitted to that of community credit cooperatives in the above E’s name.

In fact, the Defendant did not need to reach an agreement due to the lack of traffic accident, and at that time, the Defendant’s debt owed to the financial institution was 150,000,000 won, and the Defendant was 25,000,000 won, such as bonds, and the Defendant was also in a restaurant business run by the Defendant. Therefore, the Defendant did not have any intent or ability to pay the debt even if she borrowed money from the victim.

As a result, the defendant deceivings the victim by the above method, and acquired 51,000,000 won under the name of traffic accident agreement, etc. from the victim five times in total.

B. On March 15, 2012, the Defendant: “Around March 15, 2012, H, a lessor of G restaurant operated by Yangyang-gu, borrowed KRW 25,00,000 on the basis that H, a lessor of G restaurant operated by Yang-gu, would raise the lease deposit;” and that affiliated amount, from the victim on March 20, 2012, KRW 16,000,000 on the account of community credit cooperatives in the above E’s name, and KRW 21.4,00,000 on the same month; and

5.25. 5,00,000 won has been remitted respectively;

In fact, the defendant did not receive a demand from the lessor to raise the lease deposit, and there was no intention to use the money borrowed from the victim as the lease deposit, and as well as the defendant's financial institution's debt and bond obligation.

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