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(영문) 광주지방법원 해남지원 2020.05.21 2019고단199
사기등
Text

A defendant shall be punished by imprisonment for one year.

Each application for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Crimes against victims D;

A. On August 2014, the Defendant in breach of trust is an owner of the 11st unit successful bid in a way that: (a) around August 2014, the Defendant received the payment from the members of the fraternity operated by the Defendant in Full-nam-gun, and pays the 15,000,000 won to the successful bidder.

From August 2014 to May 17, 2015, the Defendant received a total of KRW 13,272,000 from the victim D who joined the said 11 unit of award from around August 2014 to around May 11, 2015, and therefore, there was a duty to pay KRW 15,000,000, including interest, to the victim around June 2015.

Nevertheless, the defendant did not pay the amount of money to the victim in violation of his duties, while consuming the amount of money to the defendant's living expenses, etc. around that time, acquired property gains equivalent to KRW 15,00,000, and suffered significant damage to the victim.

B. On July 16, 2013, the Defendant was transferred KRW 10 million from the victim to the K account in the name of J (L) around July 16, 2013, to the victim, on the part of the Defendant’s Defendant’s operation in Hado-gun, Jeonnam-do, stating that “A money is needed to purchase clothes at his/her own clothes. If the Defendant borrowed money, he/she would use and pay the money immediately.” On or around July 16, 2013, the Defendant received from the victim a transfer of KRW 5 million from the victim under the pretext of borrowing money from the said K account on or around September 13, 2015.

However, since the defendant did not have good financial standing at the time and did not have any property, there was no intention or ability to repay money even if he borrowed money from the victim.

Nevertheless, the Defendant received a total of KRW 15 million from the victim as above, and received the above money from the victim on March 18, 2017, and acquired the total of KRW 10.8 million, except for the repayment of the equivalent amount by means of a credit card in lieu of the victim on behalf of the victim on March 18, 2017.

2. The victim;

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