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(영문) 광주지방법원 2018.12.11 2018고단2259
사기
Text

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

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on August 13, 2015, is punished by imprisonment for fraud for eight months and the same year.

9. On March 10, 2016, the Daegu District Court rendered two months of imprisonment with prison labor for the same crime in the Daegu District Court Kimcheon Branch and completed the execution of the sentence in the Daegu Detention House.

"2018 Highest 2259"

1. On September 2016, the Defendant and C conspired with the Victim B to obtain money necessary for the repayment of the unpaid amount of money, living expenses, etc. which has been continuously increased due to his/her life, after being aware of the fact that the Defendant and C had been punished by a fine for fraud through deception by deceptionation, in the Daegu detention center, Daegu, Gyeongnam-gu, Gyeongnam-gu, Gyeongnam-nam, Gyeongnam-do, and Jeonnam-do.

On November 20, 2017, the Defendant and C expressed to the victim B, who operated the tea shop in the former Northern-gu Seoul, that “In return for performing work in the E tea, to the Defendant as an employee, 8 million won, and 10 million won in advance to C, in return for doing work in the E tea,” and received a remittance of KRW 2,00,000 to the Defendant’s account under the name of the Defendant on November 23, 201, 7 million to the Defendant’s account on the 27th of the same month, and KRW 18,000,000 to the account under the name of the Defendant, as a pre-paid gold.

However, in fact, the Defendant and C already used the payment of the advance payment from the injured party for the other multiple owners of the same household who already received the advance payment, and even if other debts are received from the injured party as the advance payment, they did not intend to perform the same as the agreement in the multilateral management of the injured party, and there was no intention or ability to perform the payment.

As a result, the defendant and C conspired to acquire a total of KRW 18 million from the injured party.

"2018 Highest 3265"

2. On April 29, 2018, the Defendant against the Victim F was at H multilateral bank operated by the Victim F in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the face of “4 million won with the advance payment of the advance payment,” and at H multilateral bank.

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