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(영문) 대전지방법원 2020.06.10 2020고단1471

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 40 million won to B who made an application for compensation.

3.2

Reasons

Punishment of the crime

Around September 201, the Defendant made a false statement to the effect that “A victim B, who was aware of the fact that he/she had been working as a staff member, purchased a large amount of oil from a tank transport vehicle and reselled it after one year. In such a case, when he/she invests in this business, he/she would pay approximately KRW 50-600,000 per month as profit and return the investment principal after one year.”

However, since the defendant planned to use money from the victim as money for gambling such as horse racing, etc., even if he received money from the victim, he did not have the intent or ability to pay the principal and profit to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the victim’s money as investment money from the victim; and (c) obtained the money of KRW 42,50,000 from the victim to the account under the name of the Defendant; and (d) obtained the money of KRW 12,50,000,000 from the victim to the account under the name of the Defendant; and (c) obtained the money of KRW 14,00,000 from the victim as investment money.

Around 12:50 on March 21, 2020, the Defendant stated that “The Defendant would return to the military unit and immediately transfer the account at the previous station of the previous station of the previous station of the Jin-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on March 21, 2020, that “The Defendant would be able to return to the military unit if he/she had not been able to return to the military unit because he/she had not been able to return to the nineth Army, and there is no travel expenses to return to the military unit because he/she has been lost.”

However, at the time, the defendant was not a second-class order in the nineth Army, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

Nevertheless, the Defendant made a false statement to the victim and received 150,000 won in cash from the victim.

around December 26, 2019, the Defendant 2020 Godan2156, “H,” from “H,” located in Sinpo-si G around December 26, 2019, has been serving in the military PX and sells its inner goods at fixed prices.