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(영문) 광주지방법원 2020.11.20 2020고단3260
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for four months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal record] On January 31, 2020, Defendant A was sentenced to one year of imprisonment with prison labor in the Gwangju District Court Branch Branch Branch of the Gwangju District Court on May 28, 2020, and the above judgment was finalized on March 29, 2017, Defendant B was sentenced to two years of suspension of execution in October as a crime of fraud at the Gwangju District Court of Gwangju, and the above judgment was finalized on April 6, 2017.

【Criminal Facts】

1. The Defendants, as married couple, operated the secondhand body with the trade name of “D” in the Gun of the Jeonnam-do.

The Defendants were going to the FIE in the Jeonnam-gun on May 2015, and came to know of the victim H, who is a member of the same church through the introduction of Baman G on May 1, 2015. He hearding that the victim was paid KRW 200 million with the husband’s death insurance money, and he saw that the victim was in serious business difficulties while suffering from her management difficulties, he saw the victim at the home, saw the victim to the house, together with the meals, and paid the food expenses of the victim, etc., and raised awareness of the business funds from the victim.

From May 2015, the Defendants stated from the early police officer that “if operating funds are needed on the water surface, the Defendants shall pay interest of KRW 1500,000 per month to each victim H at any time, and shall repay the principal after one year.”

However, the Defendants did not have any intent or ability to repay money, even if they did not have any plan in addition to the expectation that the accumulated debt would amount to 2 billion won when operating the property, and there was no intention or ability to repay money from the victims.

As such, the Defendants conspired to deception the victim, and then acquired KRW 20 million from the victim through the Agricultural Cooperative Account (J) on June 5, 2015 and KRW 80 million from the same account on June 8, 2015.

2. Defendant A, from July 8, 2015 to July 13, 2015, phone calls from the victim at an insular area, and phone calls from the victim to July 13, 2015, can be seen as making a lot of profits that he/she promptly lends high-water materials to the victim.

One month when lending KRW 30 million.

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