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(영문) 수원지방법원 안산지원 2015.01.14 2014고단2467
사기
Text

Defendant

A Imprisonment for four years, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. The criminal records of the Defendants were sentenced to the suspension of the execution of the imprisonment for six months at the Suwon District Court's Ansan Branch on October 27, 201, and the criminal records of the same and similar criminal records are more than several times. Defendant B was sentenced to the imprisonment for two years and six months at the Seoul Central District Court on November 24, 201 and the suspension of the execution of the imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul Central District Court on November 24, 201, and the said judgment becomes final and conclusive as the withdrawal of appeal on January 13,

2. Defendant A

A. The Defendant, with respect to the victim B, did not have any property in the absence of any particular income and did not intend to lend money to the Defendant, with the intent of deceiving the victim B by pretending to lend money as if there was a previous owner of money.

On February 27, 2012, at a restaurant where it is impossible to know the name in the Tongg-dong of Sig-si, Gra’s name is unknown, or at first, G agreed to arrange the existing Jeonju, to take new Jeonju and to take losses. Finally, the Defendant borrowed money to the party. The Defendant used 15% of the principal with interest and fees for one year, and the principal shall be repaid in full.”

The victim who was in the same place and asked the victim to "I can use the money" and the defendant to "I will use the money for one year for advance interest and fee." The defendant false statement to the victim that "I will use 20 million won for a period of one year on the face of remittance of 3 million won under the name of advance interest and fee."

However, the facts did not have any intention or ability to lend money to the defendant, and there was no intention or ability to allow the victim to use 20 million won for a year.

Nevertheless, on February 29, 2012, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the account in the H’s name, which is the Defendant’s child, and acquired by deceiving the victim.

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