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(영문) 의정부지방법원 2018.08.24 2017고단5773
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 20, 2014, the Defendant was sentenced to 10 months of imprisonment for fraud at the District Court of the Republic of Korea on August 20, 2014, and completed the enforcement of the sentence at the Seoul Southern District Court on January 7, 2015.

1. On December 2015, the Defendant: (a) had a technology for the processing of remains in the company of G, F, in the company of G, which is operated by the F, and making the remains as old sleep at the office of Dong-gu, Yongsan-gu, Seoul; (b) around March 2015, the Defendant would receive one million won per quarter when processing the remains and producing the annual sleep.

In order to make an investment in the Company, only 20 million won shall be loaned to the Company, and interest shall also be repaid in one month.

“A false statement” was made.

However, the defendant did not have any intent or ability to pay money even if he received money from the injured party because he planned to use the money borrowed from the injured party as personal debt repayment.

On January 7, 2016, the Defendant was transferred from the victim to the I Bank Account (J) account under the name of HD, an incorporated association, of KRW 20 million under the name of the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 2016, the Defendant needs to pay funds to the victim in order to sell a charnel house in the Section L in E-si, Leecheon-si to the victim.

It shall be repaid in one month from the loan of money.

“A false statement” was made.

However, the defendant did not have any intent or ability to pay money even if he received money from the injured party because he planned to use the money borrowed from the injured party as personal debt repayment.

On January 27, 2016, the Defendant received from the injured party KRW 20 million in total five times in total, as shown in the list of crimes in the attached Form, in the same manner, including the transfer of KRW 20 million to the I Bank Account (J) in the name of HD, an incorporated association, as a loan from the injured party on or around January 27, 2016.

Accordingly, the defendant was given property by deceiving the victim.

3. On April 2016, the Defendant prepared the victim’s “300 million won.”

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