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(영문) 광주지방법원 2019.01.16 2018고단2238
사기
Text

A person shall be punished by imprisonment with prison labor for not less than three months for the crimes of No. 2 and No. 3 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

【Criminal Power】 On October 20, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Gwangju District Court, and the judgment became final and conclusive on October 28, 2016.

【Criminal Facts】

1. On March 6, 2017, the Defendant, in the name of loan expense, made a false statement to the victim C that “If the Defendant pays KRW 15 million to the victim for the purpose of raising funds, such as fees and expenses necessary for raising funds necessary for acquiring funds in connection with the business of re-building B, he/she would arrange for borrowing KRW 10 billion for acquisition funds.”

However, in fact, the defendant did not have the intention or ability to arrange funds of 10 billion won to the victim, and was thought to use the money received from the victim for personal living expenses.

On June 5, 2017, the Defendant, by deceiving the victim, received from the victim KRW 15 million in the E account (Account Number:F) in the name of D, KRW 3 million in the account of a corporate bank (Account Number: H) in the name of G on June 5, 2017, and KRW 200,000 in the E account (Account Number: J) in the name of I on June 16, 2017.

2. The Defendant introduced the victim K to the victim K a person who works for himself/herself at a lending company located in Gangnam-gu Seoul, and attracts a large amount of investment funds to the construction company and receives fees.

On May 26, 2016, the Defendant made a false statement that “A construction company L will borrow money from a loan company to use the money from a loan company. If the construction company borrowed the agreed money, it will return the money received from the construction company to the interest.”

However, even if the victim borrowed money from the victim, there was no plan to use it as a contractual deposit for the construction company, and there was no ability to repay the money from the victim.

The defendant deceivings the victim as above, and thereby is D. on the same day from the victim.

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