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(영문) 대전지방법원 2019.06.13 2018고단1428
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On September 2, 201, the Defendant was sentenced to a suspended sentence of two years for criminal fraud in the Incheon District Court’s Vice-Support on September 2, 201, and the judgment became final and conclusive on the 10th of the same month.

【Criminal Facts】

1. On June 1, 2008, the Defendant told the victim B to pay the money immediately after using the money as the director’s expense.

However, even if the defendant borrows money from the victim, he did not have any intention or ability to repay the borrowed money, such as there is no certain income or special property.

After all, the Defendant, as above, by deceiving the victim as above, obtained KRW 10 million from the victim around June 23, 2008 and fraudulently acquired it.

2. On August 2008, the Defendant stated that “If a person lends money to the victim, he would immediately repay money after using the money as a stock investment.”

However, even if the defendant borrows money from the victim, he did not have any intention or ability to repay the borrowed money, such as there is no certain income or special property.

After all, the Defendant, as above, by deceiving the victim as above, obtained KRW 11 million from the victim around August 5, 2008 and acquired it by deception.

3. On August 14, 2008, the Defendant told the victim B to “favour to buy XG vehicles at low prices.”

However, even if the defendant receives money from the victim, the defendant transferred only the name of the vehicle to the victim, and the vehicle did not transfer it to the victim, and the defendant was thought to use.

After all, the Defendant, as above, by deceiving the victim as above, obtained 7 million won from the victim around October 27, 2008 and acquired it by deception.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. To treat concurrent crimes;

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