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(영문) 창원지방법원 2019.06.27 2018고단632
사기
Text

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

Reasons

Punishment of the crime

[criminal power] On November 24, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Changwon District Court, and the execution of the sentence was terminated on May 17, 2016.

[2018 Highest 632]

1. The Defendant committed the crime against the victim B, on September 2016, phoneed the victim B, who was the father of Ulsan-gu and Ulsan-gu, a male-gu, to the effect that “The father, who was the father, is operating the construction business, is urgently required to pay money due to tax issues, and is to pay money in return for lending money.”

However, the defendant was not only planned to use the borrowed money as personal debt repayment and living expenses, but also did not have the intent or ability to repay the borrowed money even if he borrowed money from the victim with no particular property amounting to 70 million won.

As above, the Defendant, by deceiving the victim, received 3.5 million won from the victim’s account in the name of D around September 20, 2016, from the victim, and received a total of 19 times from December 28, 2016, including transfer of 3.5 million won from the victim’s account.

2. On June 13, 2017, the Defendant committed the crime against the victim E, saying, at the office of the “G,” the victim E working for the Gangseo-gu Busan Metropolitan City F, that “Seoul Metropolitan Government is required to pay money to the victim E within three days from the loan of KRW 5 million, as it is necessary to pay money to the victim E with the accident at present.”

However, the defendant was not only planned to use the borrowed money as personal debt repayment and living expenses, but also did not have the intent or ability to repay the borrowed money even if he borrowed money from the victim with no particular property amounting to 70 million won.

The Defendant, as above, by deceiving the victim, was issued KRW 5 million from the victim on the same day.

3. On June 20, 2017, the Defendant committed a crime against the victim H loaned a loan to the victim H, who operates the said “G” company at the place specified in paragraph (2) of the same Article, to the apartment complex consisting of South and North Korea.

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