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(영문) 대전지방법원 서산지원 2019.07.19 2019고단234
사기
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. Around March 15, 2018, the criminal defendant against the victim B made a false statement to the victim B at a warehouse within the D factory located in Seosan-si C, Seosan-si, stating, “I would like to make an investment in the land of the principal development zone, and will make a false statement to the victim B at the latest by the end of May, if I lend money due to insufficient investment costs.”

However, at the time, the Defendant was in a situation where only KRW 140,000,000 was about KRW 150,000,000,000 for personal debt, and the Defendant was responsible for each debt of KRW 150,000,00,000. Even if having borrowed money from the victim, most of them were to use it for investment in stocks and did not have to be used for purchase of real estate. Therefore, even if the Defendant borrowed money from the victim, the Defendant did

Nevertheless, the Defendant, as such, by deceiving the victim and deceiving the victim as such, through the post office account (E) in the name of the defendant on March 15, 2018, and 30 million won on or around March 29, 2018, received each remittance of KRW 20 million on or around the 29th day of the same month, and acquired 50 million in total.

2. On June 2018, the criminal defendant against the victim F made a false statement to the victim F in the D factory located in Seocho-si C, Seosan-si, that “I would promptly repay money after the purchase of the house with money. I would like to lend money to the lender.”

However, at the time, the Defendant was in a situation where only KRW 140,000,000 was about KRW 150,000,000,000, and the personal debt was due for each obligation. Even if the Defendant borrowed money from the victim, most of them were to use it for the investment of stocks, and did not have to use it for the return of deposit, so even if they were to borrow money from the victim, there was no intention or ability to repay it.

Nevertheless, the defendant is the same.

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