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(영문) 제주지방법원 2017.06.22 2016고단2688
사기등
Text

As to the crimes No. 1 and No. 2 in the judgment of the defendant, a fine of 4 million won shall be imposed, and as to the remaining crimes, 10 months shall be punished by imprisonment.

Reasons

Punishment of the crime

On June 24, 2009, the Defendant was sentenced to a fine of 50,000 won and imprisonment of 6 months at the Gwangju District Court on June 28, 2010, and the said judgment became final and conclusive on June 28, 2010.

1. Around November 5, 2008, the fraud Defendant, at the Defendant’s home located in Gwangju Seo-gu, should pay the cost of goods to the victim D (34 tax) who became aware of the Internet game while running the Internet game at the Defendant’s home located in Gwangju-gu.

A false statement was made that “The mobile phone will be sold on the face of lending money and repaid as if it was paid.”

However, in fact, the Defendant operated F, but did not have any intent or ability to repay the debt amount of KRW 20 million to financial institutions without any particular property, and was under bad credit circumstances. Therefore, the Defendant did not have any intent or ability to repay the debt amount of KRW 20 million to others even if he borrowed money from others.

Accordingly, the Defendant, by deceiving the victim as above, received 60,000 won from the victim on November 5, 2008, and 3 million won on November 22, 2008 from the victim, respectively, to the account under the name of the Defendant.

2. On November 27, 2008, the Defendant, at the Defendant’s house located in Gwangju-gu, Gwangju-gu, to operate a singing practice room with the victim D around November 27, 2008, and the Defendant, with the victim’s funds, takes overall control over the overall management and operation, including the lease of the place of business and employment of employees, etc. The Defendant was transferred KRW 20 million from the victim’s account under the name of the Defendant’s seat, such as the deposit for the lease of the singing practice hall.

While the Defendant had been in custody of the said money on behalf of the victim, he embezzled the said money by voluntarily consuming KRW 10 million out of the total amount of KRW 20 million in time with the Defendant’s living cost, personal debt repayment, etc.

"2017 Highest 864"

3. On July 23, 2015, the Defendant displayed a quotation for a flag-learning vehicle to the victim K (36 years old) who worked in the International Office located in Incheon H, a used vehicle export company, J (a used vehicle export company) and submitted it by J.

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