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(영문) 대전지방법원 천안지원 2020.02.13 2019고단19
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2017, the Defendant was sentenced to a suspended sentence of two years for six months for fraud, etc. in the Daejeon District Court's Incheon District Court's Support for the same year.

9.1. Finality has been made.

【Criminal Facts】

The Defendant was a person who was a member of “B sing clubs” and the victim D denies, and the above C and E are friendships.

On April 2017, the Defendant was detained by the husband E of the victim as a fighting match organized by the said “BS”, and the said fighting match occurred in a singing club operated by C, which was one’s own relationship, and by taking advantage of the fact that C and E have a conflict of friendship, the Defendant was willing to acquire money from the victim as if he had observed the fighting although he did not have a direct witness of the fighting.

Around April 26, 2017, the Defendant: (a) called “G” in a place where it is impossible to know, at the time of Yananan-si (hereinafter referred to as “Yan-si”); (b) the Defendant sent a phone call to the victim and called “G”; and (c) on the same day, the victim was present before “G” located in the Northwest-gu, Seoan-gu, Seoan-gu, Yan-gu. The Defendant may file a complaint with the accused for an accusation against her husband. On the other hand, the Defendant would pay KRW 30 million out of C’s funds if he/she borrowed KRW 30 million.”

However, in fact, the Defendant did not directly witness the instant case, which was the site of the instant case, and there was no intention or ability to repay the case even if the Defendant borrowed KRW 30 million from the victim due to the absence of any particular property and occupation at the time.

As above, the Defendant, by deceiving the victim as above, received cash 30 million won from the victim as the loan money on the same day, and received property worth KRW 118,295,970 in total from that time until August 1, 2017, as shown in the list of crimes in attached Form 19 times, from August 1, 2017.

Summary of Evidence

1. The defendant;

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