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(영문) 수원지방법원 성남지원 2019.05.14 2018고단2650
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 February 8, 2018, the Defendant was sentenced to a suspended sentence of two years on the one-year imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Sungwon District Court's Sungnam branch, and the judgment became final and conclusive on February 20, 2018.

1. Fraud;

A. On April 13, 2016, the Defendant’s fraud against the victim B made a false statement that, at the model E-house of the Defendant’s operation of the building C in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant: (a) “The Plaintiff, an employee of the above model-house, was attached to the Plaintiff B, who failed to pay KRW 15 million to the trading office; (b) his father applied for a loan as security; and (c) the Plaintiff applied for a loan as security; and (d) the Plaintiff received the loan as security and paid money within KRW 15 million in preference to the cancellation of seizure.”

However, at the time, the Defendant did not have any particular property, and did not properly pay the wages of employees and the sales of business partners to the enemy, and F, the father of the Defendant, did not agree to receive a secured loan and to repay the said debt, and even if the loan was not possible, there was no intention or ability to repay the loan even if he borrowed the money from the victim.

Ultimately, as above, the Defendant, by deceiving the victim as above, received KRW 6 million in cash from the victim and received KRW 9 million from the H bank account in the name of G, the spouse, from the victim, and obtained KRW 60 million in total from the victim seven times from August 18, 2016 through the above method as shown in the attached crime list 1.

B. On December 5, 2016, the Defendant against the victim I had the victim I, who supplied alcoholic beverages to the above E-mail, manage the J points that he newly opened and supplied to the above J points, and deducted the amount of monthly payments from the J points at the end of each month, the Defendant would pay alcoholic beverages to E points that he operated.

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