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(영문) 수원지방법원 안양지원 2019.08.13 2018고단1025
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 20, 2018, the Defendant was sentenced to the suspension of the execution of the imprisonment of six months to be a crime of fraud at the Gyeyang Branch of Suwon District Court on February 28, 2018, and the judgment became final and conclusive on February 28, 2018.

【Criminal Facts】

“Around June 15, 2014, the Defendant: (a) made a false statement to the effect that “If the Defendant lends money necessary for the business of a company accompanying the Defendant, he/she will pay the principal and interest of the interest rate if he/she lends money to the Defendant’s accompanying company”; (b) however, the Defendant was willing to use the money in the term “fluoring”, etc. of the repayment of the existing personal debt from the victim; and (c) did not have any intent or ability to repay the money even if he/she borrowed money from the victim because there was no particular property.

Nevertheless, the defendant deceivings the victim as above, and thereby deceiving it from the victim to the account under the name of the defendant, the amount of KRW 30 million around the 18th of the same month, and the same year.

8. Around January 2, 200, KRW 20 million, and KRW 53 million, including KRW 3 million, around November 24 of the same year, were remitted and defraudeded.

Around March 4, 2010, the Defendant stated that “The Defendant would pay interest and principal at a high rate if he/she lends money necessary for the business of the company accompanying the Defendant,” by asking a pro-Japanese victim C via a telephone. However, in fact, the Defendant was thought to use the money from the victim such as a “defluence” in repaying the existing personal debt from the victim, and even if he/she borrowed money from the victim because there was no particular property, there was no intention or ability to pay the money.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the account under the name of the Defendant on the same day, and acquired the victim by transfer of KRW 135 million in total through 16 times from around that time to April 10, 2015, such as the list of crimes in attached Form 16.

Summary of Evidence

1. Previous convictions in the judgment: Inquiry reports and investigation reports (final judgment of the same kind).

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