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(영문) 대전지방법원 2020.01.30 2018고단2546
사기
Text

Defendant shall be punished by imprisonment with prison labor for 6 months for each of the crimes in 2018 Highest 2546 and 2018 Highest 2951.

Reasons

Punishment of the crime

On June 14, 2018, the judgment was finalized on June 22, 2018.

(Criminal Facts)

1. On July 2, 2017, the Defendant made a false statement to the victim D’s residence located in Sejong apartment C, stating that “Aussatise money needs to be paid at the cost of living. Aussatise’s death insurance proceeds will be paid without any molding from September 2, 2017.”

However, in fact, the defendant was not a beneficiary of the Silverging Death benefit, and even if he borrowed money from the victim due to no particular income or property at the time, he did not have the intent or ability to pay it.

The Defendant, from September 20, 201 to September 2017, received KRW 13,500,000,000 from the victim, by deceiving the victim as stated in the attached Table 1, as well as receiving from the victim, from around September 20, 2017.

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

2. On Nov. 1, 2017, the Defendant stated that “The Defendant shall receive clothes that enter Hong Kong and take things from the victim’s residence as stated in the above paragraph (1) to carry out funeral services. If he/she lends money, he/she shall either repay funeral services or repay money to his/her wife if he/she would have paid the death insurance.”

However, in fact, the defendant had already been consumed by receiving the death insurance money of his father and had no intention or ability to repay the money even if he borrowed the money from the victim as the defendant bears a large amount of debt with the clothes business.

The Defendant, as stated in the attached Table 2, had been issued KRW 3,00,000 from the victim as the borrowed money on the same day, and had been issued KRW 8,00,000 from that time to December 28, 207, by deceiving the victim as stated in the attached Table 2.

Accordingly, the defendant deceivings the victim.

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