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(영문) 전주지방법원 군산지원 2017.09.15 2015고단1228 (2)
사기등
Text

The defendant shall be sentenced to 10 months of imprisonment with prison labor for the crimes of Nos. 1, 2, 3, 4, and 8 of the judgment of the court, and 5, 6, and 7 of the judgment.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to one year of imprisonment with prison labor for a violation of the Juvenile Protection Act, etc. at the Gunsan Branch of the Jeonju District Court on June 16, 2011, and completed the execution of the sentence at a military prison on January 20, 2012. On April 13, 2015, Defendant A was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Gunsan Branch of the Jeonju District Court on April 13, 2015, and the said judgment became final and conclusive on August 27, 2015, and completed the execution of the sentence on October 16, 2015.

"2015 Highest 1228"

1. Fraud;

A. On October 13, 2014, the Defendant loaned KRW 3 million to the victim’s “Esing practice place” operated by the victim D, the victim of the damage in the following cities: (a) around 13, 2014; (b) the Defendant borrowed the leased deposit to the victim; and (c) if so, the repayment will be made within one week.

“A false representation was made.”

However, at the time, the Defendant had up to 12 million won a debt and operated a news reporting room, but the profits did not remain when paying living expenses and interest on loans, and there was no intention or ability to repay them even if the Defendant borrowed money from the damaged party.

Ultimately, the Defendant, by deceiving the victim as such, received money from the victim to the post office account under the name of the Defendant on the same day.

B. On December 7, 2014, the Defendant made a false statement that “The Defendant borrowed money to the victim because it was on the Internet and is on the next lending of security loan.”

However, in fact, the Defendant had the intention to use money for gambling from the damaged party, so even if he borrowed money from the damaged party, there was no intention or ability to pay the money normally.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 17 million from the victim to the post office account under the name of the Defendant on the same day, and received KRW 7 million from the above account around December 10, 2014, and received transfer of KRW 17 million in total from the above account.

2. The Embezzlement shall be the victim on June 24, 2014.

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