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(영문) 전주지방법원 정읍지원 2020.06.11 2019고단590

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant made a false statement to the effect that, while visiting the “C” located within the Seoul Special Self-Governing City of Jeollabuk-do as a customer, the Defendant was friendly with the victim D, who is the owner of the business, and the auction site operated by the said victim is the second place across the country, and the “F” located within the same city as the Defendant owned by the said victim would be compensated, and that, around December 7, 2015, the Defendant demanded the victim to repay the money to the victim at the above restaurant “F borrowed money while doing his/her own business. In the event that the house receives compensation, the Defendant would repay the money or sell the goods located in the auction site.”

However, in fact, “F” in E in the same time as the Defendant owned by the Defendant was merely 40 million won and there was no fact that the compensation procedure was carried out. The above F was established with provisional attachment and collateral security equivalent to a total of 366 million won, and its property value was less than property value. The Defendant borrowed money from another person due to the difficulty in operating the business at the time, and the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim, due to economic difficulties, such as delayed payment of the communications fee equivalent to KRW 614,00,000.

Nevertheless, around December 7, 2015, the Defendant received a total of KRW 39,200,000 from the victim to the Defendant’s H Nong Bank (I) account (I) in the name of H used by the Defendant, and acquired the Defendant through deception by obtaining a total of KRW 30,000,000 from around that time to January 10, 2017, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by D and a statement of account transactions;

1. Investigation report (Attachment of Suspect's credit information history);

1. An investigation report (a notification of the results of inquiry by the owner of a building ledger);

1. Investigation report (report on confirmation related to the auction place of the fixed and Eup curios claimed by the suspect as operating);

1. A certified copy of the F registry;

1. An investigation report (report accompanied by details of H account transactions) 1.