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(영문) 광주지방법원 2019.03.28 2018고단4159
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 14, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on August 22, 2016.

"2018 Highest 4159"

1. Around April 14, 2017, the Defendant against the victim B made a trade offer to the victim B, “The C president has been engaged in the trade in which daily necessities are loaded in containers and sells them to Thailand. They made a false offer to the trade business of the victim B at the same time. One of the container is able to sell goods with a large amount of KRW 120 million, but at the same time, two shares are placed in Korea, and at the same time there are 15% profits for each sale. If the Defendant borrowed money to be invested in the business, he would enter the territory of the Thailand with C and return it with the interest two weeks after receiving the proceeds from selling the goods and receiving the proceeds from selling the goods. If the trade is a problem, there is a problem of tax tracking, making multiple accounts to be deposited into the account, and making a false statement.”

However, in fact, the Defendant did not engage in the trade business of selling goods with Thailand, and the account received money from the victim was only thought that the Defendant would receive money from the victim in return for gambling in the Philippines, and was in excess of his/her obligation, such as being urged to repay the debt because he/she did not lend KRW 30 million from D at the time, and thus, he/she did not have any intent or ability to repay the money even if he/she received money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim’s account in the name of (E) April 18, 2017, and received KRW 45 million in total from the victim four times, such as the list of crimes in the attached Form.

"2018 Highest 4486"

2. On August 15, 2018, the Defendant, against the victim F, performed a surgery with his father in Korea, by using G Messen from the detail of the Philippines via a cell phone around August 15, 2018.

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