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(영문) 전주지방법원 군산지원 2015.03.18 2014고단1243
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

"2014 Highest 1243" was between the defendant and the victim C and the third classroom.

On November 4, 2012, the Defendant stated that “The Defendant shall pay back the money immediately to the Defendant with the agreement that the 100,000 won of the 10,000 won is insufficient when the Do resident was involved in the accident due to driving without a license even though the Do resident was involved in the accident due to the operation of the Do resident’s own.”

However, in fact, there was no fact that the defendant was involved in the accident due to driving without a license, and it was not necessary to reach an agreement, and the defendant did not have any intent or ability to pay the money even if he borrowed money from the victim, such as there was no property or income.

As above, the Defendant, as well as by deceiving the victim, received KRW 100,000 from the victim to the post office account under the name of the Defendant, from that time until July 19, 2013, received a total of KRW 8,7730,00 in total from July 19, 2013, as shown in the annexed Table 1.

From July 2014, the Defendant 2014 did not meet with the victim D and Internet hosting.

On July 21, 2014, the Defendant: (a) on July 21, 2014, the Defendant stated that “the Defendant is running a Lestop with the name of “F” in Yeonsu-gu Incheon Metropolitan Government E; and (b) “The Defendant borrowed money that needs entertainment expenses to gather a business vehicle.”

However, the above "F" is an unrealistic company, and the defendant did not have any intent or ability to repay money even if he/she borrowed money from the victim due to no particular property or income at the time.

As above, the Defendant, by deceiving the victim and receiving KRW 500,00 from the victim who was affiliated with the Defendant, i.e., received KRW 500,00 from around that time to October 16, 2014 by the same method as indicated in the Attached 2 Crime List, and acquired KRW 59,43,000 in total on 44 occasions, such as the statement in the Attached 2 Crime List.

(i) the evidence;

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