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(영문) 대전지방법원 2015.10.21 2015고단248
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, who was introduced around December 2013, committed fraud, 2013, with frequent communication with the victim C (at 41 years of age) and sexual intercourses, had a deep sense of friendship with the victim, and had a view to deceiving the money from the victim.

On December 17, 2013, the Defendant was transferred KRW 6,00,000 from the victim on the same day, to the effect that “the Defendant was in charge of the Defendant’s vehicle with money borrowed from another person as a security, and that the Defendant would have borrowed money urgently necessary to find a motor vehicle.”

At the time, the Defendant had operated a furniture store in the apartment house and operated a foreign car and possessed assets. However, the fact was that there was no special revenue or property, and even if the Defendant committed an obligation to an individual or a loan company, it was insufficient to pay it.

Nevertheless, the Defendant, including deceiving 6,00,000 won by deceiving 6,00,000 won, acquired 24,10,950 won in total on five occasions, such as the list of crimes in the attached Table.

2. On January 6, 2014, the Defendant received cash worth KRW 90 million from the victim C in order to pay the deposit money to the Korean bank located in Dong-gu Daejeon, Daejeon.

On January 13, 2014, while the Defendant kept the above KRW 90 million for the victim, the Defendant paid KRW 59 million to the real estate broker as a deposit money for the housing in which the said victim would reside, and arbitrarily consumed the remainder of KRW 31 million.

Accordingly, the defendant embezzled the victim's property.

3. On February 2014, the Defendant: (a) took 10,000 won cashier’s checks in the cremation book located in Daejeon-dong-gu Daejeon-dong-gu, Daejeon-do, using any cresh; and (b) took 10,000 won cashier’s checks in the cremation book.

This part of larceny against the victim is guilty.

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