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(영문) 수원지방법원 2019.05.28 2018고단7080
사기
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On March 15, 2012, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. in the Suwon District Court’s Ansan Branch on March 15, 2012, and on January 30, 2013, the Defendant was released on January 30, 2013 while the sentence was executed, and the parole period passed on April 6, 2013.

On July 2, 2013, the Defendant made a false statement to the effect that “In-house auction and real estate business-related work is performed, if the Defendant sent money to B during the auction process, the Defendant would make up for a high interest on the money to B, and pay for the money sent to B with interest equivalent to 2% per month on the money sent to B.”

However, even if the Defendant received money from the victim, most of the Defendant thought to use the money as the name of the Defendant’s living expenses or the repayment of his obligation, etc., and did not intend to lend money to another third party and make profits from the interest. Around that time, the Defendant bears approximately KRW 25 million personal obligations with no particular property or income, and there was no intention or ability to properly repay the principal and interest promised to the victim as above.

On July 2, 2013, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim through the post account (C) in the name of the Defendant, as a loan, from the victim, and received KRW 116.9 million in total over 13 times from that time to December 30, 2013 in the same manner as the written list of crimes in the attached list.

"2019 Highest 1675"

1. On April 2016, the accused related to the right to operate the convenience store in the D Morse Park may grant the right to operate the D Morse Park convenience store to the victim E.

In order to do so, it is necessary to pay 30 million won as security deposit in marina society, and pay 8 million won as security deposit to the master company.

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