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(영문) 광주지방법원 순천지원 2015.01.21 2014고단849
사기등
Text

As to the crime No. 1 of the judgment of the defendant, imprisonment with prison labor for 6 months and 2 to 15 of the judgment shall be sentenced to imprisonment with prison labor for 3 years and 6 months.

Reasons

Punishment of the crime

On November 30, 2005, the Defendant was sentenced to imprisonment with prison labor at the Incheon District Court for fraud, and on February 9, 2006, the judgment became final and conclusive on February 18, 2006, and on December 18, 2006, the execution of the sentence was terminated.

【Criminal Facts】

1. Fraud against the victim C;

A. On September 2, 2004, the Defendant, on September 2, 2004, knew of the fact that the victim C, the president of the E hotel coffee shop located in Changwon-si, introduced about KRW 4.5 billion a high-priced medical equipment at the time, to arrange for a loan to the victim through G, which is the head of the above hospital planning office, with the knowledge that it is difficult for the victim C to finance by introducing approximately KRW 4.5 billion a high-priced medical equipment at the time, and the Defendant said C would be able to loan KRW 425,70,00 as security, and the repayment method is 5 years with a five-year repayment, 3.1% of the loan interest rate, and 7% of the agency fee, and will be responsible for the loan by September 23, 2004, and therefore, I would request 30 million won as a loan fee.”

However, even if the defendant received the loan fee from the victim, it was thought that he will use it individually, and there was no intention or ability to actually execute the loan to the victim.

Nevertheless, the Defendant, as above, was issued a cashier’s check issued at the shipping substitute point of the Busan Bank under the pretext of the loan commencement loan from the victim who deceivings the victim, and received from the victim, one of the cashier’s checks issued at the shipping substitute point of the Busan Bank.

B. On October 5, 2004, the Defendant received the start money for loan brokerage in the same manner as described in the above “A” and demanded the victim to implement the loan, and the victim made a false statement that additional expenses necessary for the victim to execute the loan, and it received KRW 15 million from the victim to the new bank account in the name of the Defendant.

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

2. Fraud against the victim H.

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