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(영문) 제주지방법원 2019.01.18 2018고단1233
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 5, 2018, the Defendant was sentenced to 6 months of imprisonment, 2 years of suspended execution, and 20,000 won by violating the Road Traffic Act at the Jeju District Court on July 5, 2018, and the judgment became final and conclusive on July 13, 2018.

【Criminal Facts】

1. Fraud against the victim B;

A. At around 23:00 on December 20, 2013, the Defendant made a false statement to the effect that “The victim B, who had a tobacco relationship, prepared to the extent that he/she can obtain money because he/she can make an investment in the gold business, and return the principal if he/she talks before the month it is necessary to make money.”

However, in fact, the defendant thought that he would use the money received from the victim for personal purposes not related to the gold business, and that he did not enter the fixed income at the time, and he did not have any intention or ability to repay the money even if he received the money from the victim because he did not lend the money to another person in excess of 50 million won.

Nevertheless, on December 27, 2013, the Defendant, by deceiving the victim as above, received KRW 6 million from the E bank account (F) in the name of the Defendant on account of the E Bank on December 27, 2013, and took over KRW 106,966,200 from that time to January 29, 2016, including transfer of KRW 20,000,000 from that time, as shown in Appendix I.

B. On December 22, 2013, the Defendant’s ranked around 14:00.

In the same place as Paragraph B, it was false to the victim B that “When using a card under the name of the defendant when working as the Cheongbu Administrative Agency, the credit card will be lent, and then the price will be given in line with the approval date.”

However, in fact, the Defendant did not have worked as an administrative officer, and did not enter the fixed time, and the Defendant was paying for the obligation to lend money to another person in excess of KRW 50 million.

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