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(영문) 대전지방법원 논산지원 2019.06.18 2019고단203
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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 October 25, 2018, the Defendant was sentenced to four months of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on December 21 of the same year.

【Criminal Facts】

1. Around December 5, 2014, the Defendant made a false statement to the effect that “The Defendant would have repaid the borrowed money immediately after the loan to the victim B who has a close-friendly relationship by telephone at a place not exceeding the city of Chungcheongnam-gu, Chungcheongnam-do.”

However, at the time of fact, the defendant was difficult to conduct the main business, and there was no intention or ability to repay the money even if it was lent from the victim because of economic difficulties such as there was a debt equivalent to about 300 million won against others.

Nevertheless, the Defendant, as above, by deceiving the victim, received five million won from the victim to the C Association account (D) in the name of the Defendant.

In addition, the Defendant received a total of KRW 75 million from the victim as shown in the attached Table 1 list of crimes.

2. On August 2015, 2015, the Defendant made a false statement to the victim B at the Fnonoe Bank located in Chungcheongnam-si, Chungcheongnamsan-si, Chungcheongnamsan-si, stating, “When 26 members of the fraternity join and take 30 million won at the expiration of the maturity, the Defendant would give 30 million won and interest to the victim B.”

However, at the time of fact, the Defendant was difficult to run the main business, and there was no intention or ability to pay an amount of money by the sequence promised even if the Defendant received an amount of money from the victim because of economic difficulties such as there was a debt equivalent to KRW 300 million against others.

Nevertheless, the Defendant, as seen above, was informed of the victim’s total sum of KRW 26.4 million from September 27, 2015 to June 27, 2017 by deceiving the victim.

In addition, the defendant is a total of KRW 57.6 million from the victim as shown in the attached list 2.

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