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(영문) 대전지방법원 2020.08.27 2019고단1434

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around July 3, 2017, the criminal defendant against the victim B told the victim B to pay interest on the loan of money because he/she used the money by telephone and Kakao Stockholm message.

However, in fact, the Defendant was thought to use money as gambling funds from the victim, and around that time, the Defendant did not have any intent or ability to repay the loan even if the Defendant borrowed money from another person with gambling funds, etc., and even if the Defendant did not repay the loan from the victim, it was about KRW 40 million.

Nevertheless, the Defendant, as seen above, makes a false statement, and then received KRW 15 million on the same day from the victim to the Cbank account under the name of the Defendant, and acquired it by fraud, as well as written indictment on October 2, 2018, is indicated as “ September 18, 2018.” However, according to the list of crimes and the record of evidence, it is evident that the Defendant is “ October 2, 2018.”

Until now, a total of 8,5120,00 won was remitted over 56 times, such as the attached Table A Crime List (Appellant B).

2. Around August 1, 2017, the Defendant, against the victim D, told the victim D to use the money by telephone and Kakao Stockholm message, and thus, the Defendant would be aground to pay interest immediately.

However, in fact, the Defendant was thought to use money as gambling funds from the victim, and around that time, the Defendant did not have any intent or ability to repay the loan even if the Defendant borrowed money from another person with gambling funds, etc., and even if the Defendant did not repay the loan from the victim, it was about KRW 40 million.

Nevertheless, the Defendant, as mentioned above, received 400,000 won from the victim to the Cbank account in the name of the Defendant, and acquired it by deceit, and attached Table between November 2, 2018.