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(영문) 청주지방법원 충주지원 2019.09.27 2019고단272
사기
Text

The defendant shall be punished by imprisonment for two months for the crimes of paragraphs (1) and (2) and by two months for the crimes of paragraphs (b) and (3), 4 and 5.

Reasons

Punishment of the crime

[Criminal Justice] On December 23, 2016, the Defendant was sentenced to ten months of imprisonment for fraud in the Chungcheong District Court’s Chungcheong Branch, and completed the execution of the sentence on July 30, 2017.

On April 27, 2018, the Defendant was sentenced to four months of imprisonment for fraud at the Cheongju District Court on July 23, 2018, and the judgment became final and conclusive on July 23, 2018, and on August 25, 2018, the Defendant terminated the execution of the sentence at the Cheongju District Court.

【Criminal Facts】

1. The Defendant committed the crime against the Victim B, around March 2018, stated that “A victim B would receive KRW 56 million, more than KRW 85 million, which is the insurance amount presented by the E-Financial Cooperative in relation to traffic accidents in which Party B paid the expenses,” from DDada, “A would receive KRW 5,00,000,000,000, which is the insurance amount presented by the E-Financial Cooperative in relation to traffic accidents in which Party B paid.”

However, the Defendant did not have any intention or ability to increase the insurance proceeds as above for the victim, such as the Defendant did not have any duty related to the payment of the above insurance proceeds, and was not related to the E Financial Cooperative. In fact, the Defendant did not have any intention or ability to increase the insurance proceeds for the victim, such as the Defendant agreed to receive only KRW 35,648,00 as a result

On April 9, 2018, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 1 million to the post office account (Account Number F) in the name of the Defendant; and (c) obtained KRW 3 million in cash from the victim on April 25, 2018; and (d) acquired KRW 4 million in total from the victim on the said Dda bank on April 25, 2018.

2. Crimes against victims G;

A. On April 19, 2018, the Defendant made a false statement to the victim G in the Dada, stating that “The cost of documents necessary for the collection of the claim to reduce the amount of unexpected investment instead of the amount of unexpected investment” to the victim G.

However, even if the defendant receives money from the victim in the name of the document cost, he was thought to consume it due to personal living cost, etc., and he did not have the intent or ability to receive investment money for the victim.

As above, the defendant deceivings the victim and belongs to it.

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