(영문) 광주지방법원 2013.06.27 2011고단5893

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(영문) 광주지방법원 2013.06.27 2011고단5893

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A defendant shall be punished by imprisonment for not more than ten months.

The defendant is not guilty of fraud against the victim C.

Reasons

Punishment of the crime

On August 10, 2011, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Gwangju District Court for six months, and the judgment was finalized on the 18th of the same month.

2012 Highest 4997

1. On December 25, 2006, the criminal defendant against the victim D made a false statement to the "F" operated by the defendant located in Vietnam, which reads that the defendant would pay money to the victim who had been a member of the number fraternity of the defendant's share of the defendant's share of the defendant's share of the defendant through his wife G, "I would pay money if he borrowed 20 million won of the share of the defendant's share of the defendant's share of the defendant's share of the defendant's share of the share of the defendant."

However, the defendant did not have any intent or ability to repay the debt amounting to KRW 300,000 at the time, even if he borrowed money from the victim.

The Defendant received KRW 20 million from the victim immediately as the borrowed money, from August 5, 2008, from that time, the Defendant received KRW 70 million in total as the borrowed money from the victim, from that time to August 5, 2008.

Accordingly, the defendant conspireds with G (However, the attached list Nos. 5 and 6 shall be the defendant alone) with G, and acquired money from the victim.

2. Fraud against victim H;

A. A. Around February 5, 2009, the Defendant acquired a deposit money by deceptioning that “F will pay KRW 22 million to the victim KRW 19,000 at a time if the victim “F is the five-day guidance with the domestic accounting place, and 7,00,000 won has been deposited at a time with the domestic accounting place in a lump sum, and thereafter, he/she will pay KRW 22,00,000 per month after becoming the fraternity.”

However, in fact, the above fraternity did not pay the fraternity, and the defendant did not have an intention or ability to pay the fraternity which was promised even if he did not receive the fraternity from the victim because he did not pay the fraternity.

The defendant, from that time to December 2009, receives KRW 7 million from the victim as the immediate deposit money.

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