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(영문) 대전지방법원 2016.11.18 2016고단1634
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of breach of trust in the Daejeon District Court on March 18, 2016 and the said judgment became final and conclusive on March 26, 2016.

1. Fraud against victim D;

A. On August 26, 2014, the Defendant made a false statement to the effect that “I would have a way to receive KRW 38,000,000 from the victim D (E and H while running a singing room) at the “F Tour Office” office operated by the Defendant in Seo-gu, Daejeon, Seo-gu, Daejeon, 218, and that “I would have a way to receive the amount of KRW 38,000,000 from the victim D (E and H while running a singing room),” and that “I would have a way to receive the amount of KRW 33,00,000 at the cost of appointing an attorney-at-law.”

However, in fact, the defendant received money from the victim to use it for personal purposes, such as company operation expenses, etc., and did not have any intention or ability to appoint a lawyer at all.

The Defendant, by deceiving the victim as above, received 3.3 million won from the victim to the post office account in the I name.

B. On September 5, 2014, the Defendant made a false statement to the effect that “If he/she lends money to the victim because he/she is urgently required, he/she would repay money to the victim within one week.”

However, the fact was that the (ju)J, at the time of the Defendant’s operation, reported the enemy to the amount equivalent to KRW 6-70 million per month, and there was no other special property, so there was no intention or ability to repay the money within one week even if the Defendant borrowed the money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim to the account of community credit cooperatives under the name of the JJ on the same day.

C. On September 6, 2014, the Defendant: (a) sought a vehicle from the L Office where the victim works in the Daejeon U.S. K to purchase the vehicle at KRW 35 million; and (b) sought the vehicle from the victim to “accus vehicle purchase”; and (c) purchase the vehicle at KRW 35 million.

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