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(영문) 광주지방법원 2019.08.13 2019고단1538
사기등
Text

A person who commits any of the crimes of Articles 1 through 4 in the judgment of the defendant shall be punished by imprisonment with prison labor for not less than one year, or by imprisonment with prison labor for not more than four months.

Reasons

Punishment of the crime

On January 18, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, and two years of suspension of execution on January 26, 2018, and the judgment was finalized on January 26, 2018.

【Criminal Facts】

1. Around August 2014, the criminal defendant against the victim B made a false statement to the victim B by asking the victim B to “I pay money. It is necessary to operate a mobile phone agency. It is necessary to pay money. It is necessary to do so. It is connected with the assault case. I will use money only for a short term and repay money.”

However, even if the defendant borrowed money from the victim, he was thought to use it for gambling, etc., and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

As such, the Defendant was granted KRW 6 million from the victim, around August 16, 2014, KRW 2 million around August 17, 2014, KRW 30 million around August 20, 2014, KRW 3 million around August 24, 2014, KRW 3 million around August 24, 2014, KRW 3 million around August 26, 2014, and KRW 48 million around August 27, 2014.

2. Around August 1, 2017, the Defendant: (a) told the victim D to the effect that “A vehicle is needed to keep the victim D with his/her intention to move to the present business; (b) he/she borrowed the vehicle, after using it, will complete the work and return the vehicle; and (c) lent the F personal car owned by the victim to the victim.”

On August 2017, the Defendant embezzled the said vehicle by receiving KRW 6.5 million from G from the victim’s vehicle kept as above.

3. Around August 2016, the Defendant made a false statement to the victim H with the knowledge that the victim H was accused of the fraud from the owner of the main place of business in the French area (hereinafter referred to as “the victim H”), stating that “The victim would be aware of the owner of the main place of business.”

However, even if the defendant receives money from the victim, he/she receives a written agreement for the victim.

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