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(영문) 대전지방법원 논산지원 2020.06.23 2019고단562
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

[Criminal Power] On January 23, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court for three years and four months, and the judgment became final and conclusive on the same day.

【Criminal Facts】

On May 2015, the Defendant made a false statement to the effect that “The Defendant will pay interest at 10% per month to the victim B by making an investment in the card tin business located in the 396 Gangnam-gu, Gangnam-gu, Seoul, in the middle of the 396 area of Gangnam-gu, by making an investment in the card tin business located in the 3rd village if he/she has been operating a bond business.” If the principal is requested to be returned, the principal will be returned in the following month.”

However, the Defendant did not have invested the victim's money in the bonds business in the third village. However, it was thought that the Defendant borrowed the money from the victim for his multi-level business expenses, entertainment expenses, etc., and received the money from another person as a re-investment name, and paid interest to the victim with this money. At the time, the Defendant did not have any specific property in the name and there was approximately KRW 300 million debt amount from the victim, so even if he borrowed the money from the victim, he did not have any intent or ability to pay interest at 10% per month or return the principal to the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 7 million from the victim on June 8, 2015, KRW 20 million on June 13, 2015, KRW 10 million on June 14, 2015, KRW 20 million on June 26, 2015, KRW 5 million on June 27, 2015, and KRW 62 million on a total of five million on five occasions from each Defendant’s corporate bank (C).

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning B;

1. Written statements of D;

1. A statement of transactions by the principal's financial transaction, notarial deed, and account;

1. Previous convictions in judgment: Criminal records, etc., inquiry inquiry reports, previous convictions, and confirmations;

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