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(영문) 전주지방법원 군산지원 2019.01.11 2018고단557
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two months, and by imprisonment with prison labor for not more than three months.

Reasons

Punishment of the crime

[Criminal Power] On March 17, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for fraud, etc. in the Militarysan Branch of the Jeonju District Court on March 17, 2017 and the judgment became final and conclusive on March 25, 201

【Criminal Facts】

1. Around June 12, 2014, the criminal defendant against the victim C made a false statement to the victim C at the E laundry operated by the defendant in Gunsan-si D, stating, “I will immediately repay the money if I would know that I would know that I would well the business and lend money that I would need to pay.”

However, in fact, the Defendant did not have any intent or ability to repay the debt even if he borrowed money to the victim, on the other hand, even though he did not have any particular property or income and did not have any money.

As above, the Defendant, by deceiving the victim, received KRW 80,00 from the victim to the F bank account (G) in the name of the Defendant on the same day, and acquired KRW 17,50,000 from that date to December 29, 2014 by transfer totaling KRW 17,50,000,000 from that date, as shown in attached Table 1 “crime List 1.”

If money is urgently required, five million won is loaned, the interest of the second part of each month shall be paid, and shall be repaid without any framework by the end of November.

The Defendant made a false statement. However, the Defendant did not have any intent or ability to repay the amount, even if he/she borrowed money to the victim because he/she did not have any particular property or income, while the Defendant was liable to pay KRW 40 million at the time, but did not have any intent or ability to repay the amount. The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the post office account (I) account in the name of the Defendant from the date of the same day from August 18, 2017, and received the remittance of KRW 5 million from the victim to August 18, 2017.

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