(영문) 대전지방법원 공주지원 2018.01.19 2017고단221

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(영문) 대전지방법원 공주지원 2018.01.19 2017고단221

사기

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Records] On July 12, 2017, the Defendant was sentenced to four months of imprisonment for embezzlement at the Daejeon District Court, and the above judgment became final and conclusive on the 20th of the same month.

[2] On November 2, 2015, the Defendant: (a) made a false statement to the Defendant that “B and the Victim C, a loan agent, who requested the Defendant to purchase a high vehicle in the white village credit cooperative located in the new Dong-dong at the time of the official residence around November 16:10, 2015; and (b) made a false statement to the Defendant.”

However, in fact, the Defendant was planning to receive loans from the victim to use them as personal debt repayment and gambling funds, and the said car was searched by the Defendant at “E”, which is the Internet, and was not entrusted with sale from the owner of the said car. Therefore, even if the Defendant was granted loans from the victim, there was no intention or ability to intermediate the sale of the said car.

Nevertheless, the defendant deceivings the victim as above, and acquired money from the victim through a passbook of F as designated by the defendant on the same day from the victim, by transfer of KRW 23 million under the name of the purchase price of the said car.

"2017 Highest 334"

1. On August 17, 2015, the Defendant, in relation to the borrowing of the borrowed loan for the second class purchase, calls from the victim G to the non-permanent area (hereinafter referred to as “the Defendant is scheduled to conduct a business related to the second class purchase”), and pays the borrowed loan within 1-2 months from the loan.

“A false statement” was made.

However, the fact was that the Defendant was planning to gambling with money borrowed from the victim, but did not intend to conduct the medium-sized business, and thus there was no intention or ability to pay the money borrowed from the victim to the 1-2-month.

Nevertheless, the defendant deceivings the victim as above and on the same day, the compromise under the name of the defendant was 2,000.

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