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(영문) 청주지방법원 2017.12.07 2017고단1889
사기
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall pay compensation to the applicant for damage caused by fraud.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court on May 27, 2016, and on January 26, 2017, the Defendant had the 11-time criminal records of the same kind of crime, including the completion of the execution of the sentence in the Jinju Prison on January 26, 2017.

[Criminal facts]

1. Around May 29, 2017, the Defendant: (a) borrowed money (amounting to KRW 9,400,000) stated that “If the Defendant borrowed money to the victim’s E office in the Cheongju-si Office in the Cheongju-si Office in the Cheongju-si Office of the Victim C, the Defendant would first repay the money to the victim with the profits accrued after the purchase of high-water.”

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

Nevertheless, as seen above, the Defendant: (a) by deceiving the victim as above; (b) obtained cash 3 million won from the victim on the same day as the loan money from the victim; and (c) obtained such money through deception; and (d) received all 9.4 million won in total from July 2, 2017, as shown in the list of crimes in the attached Table, from July 2, 2017.

2. The Defendant, around June 6, 2017, ordered the victim to purchase high-water, such as waste cables, at the above E office located in the petition district, Cheongju-si around June 6, 2017.

In order to divide profits generated from the sale of solid goods into half and half. At the same time, the payment of money and the payment of the purchase money is made first, and the payment of the purchase money is made first.

However, even if the defendant received the purchase price from the injured party first, he did not have the intent and ability to provide the injured party with high-water appliances, such as waste cables.

The Defendant receives from the injured party the transfer of KRW 10 million from June 6, 2017, ② December 12, 2017, ③ KRW 5 million from June 15, 2017, respectively, to the account under the name of the JJ, designated by the Defendant.

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