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(영문) 수원지방법원 2020.05.22 2019고단6396
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On July 16, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Eastern District Court, and completed the execution of the sentence on July 7, 2017.

【Criminal Facts】

On June 12, 2018, the Defendant stated that “Around June 12, 2018, the Defendant “2019 Highly 6396” made a false statement to the victim B stating that “a person who intends to start a marriage business is urgently needed to engage in money to run a marriage business. If a person lends KRW 15 million, he/she will pay the money later. If a person opens a marriage business due to a large number of seats, he/she is able to pay money off, and is able to receive money from other persons.”

However, in fact, there was no fixed amount of assets or profits held in the state of bad credit holders at the time, and even if a marriage business establishment opens, customers have not been secured to the extent that they can make profits within a short period of time. Although a claim against C held by the defendant was incurred in around 2011, but did not have been repaid even around that time, the defendant did not have an intent or ability to repay money as agreed upon even if borrowing money from the victim was made.

The Defendant received KRW 15 million from the victim to the Agricultural Cooperative (E) account in the name of her husband D on the same day as the Defendant borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

around September 12, 2019, the Defendant made a false statement to the effect that “The Defendant would pay the price of the goods, such as Korean-Japan land, on September 16, 2019, to the victim,” from the Hatcop G in the G in the Young-si flood area G operated by the Victim F.

However, in fact, the defendant did not have any property or profit at the time, and the defendant's credit against C, which was possessed by the defendant, was incurred in around 2011, but did not have been repaid until that time, and the specific date of repayment was not set.

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