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(영문) 광주지방법원 목포지원 2019.05.17 2018고단1130

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 13, 2017, the Defendant was sentenced to imprisonment with prison labor for six months for violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Utilization and Information Network Utilization and Information Protection Act, etc.) and the judgment was finalized on October 21, 2017.

【Criminal Facts】

On March 3, 2017, the Defendant sent a phone call to the victim B, and made a false statement to the effect that “I wish to start mast business to live in mast and inside, but I believe only once and 20 million won to loan the same money. I shall pay a deposit for the lease of a business establishment with the money. I will make a full payment after one year if I lend money. And the interest will also be paid one million won per month.”

However, at the time, the Defendant did not enter into a lease agreement with the marina business establishment, and was not prepared to operate the marina business establishment, and even if he received money from the victim, he thought that it would be used as living expenses, etc., and there was no intention or ability to use it as business expenses such as lease deposit, etc., and even if he borrowed money from the victim due to no particular income, he did not have any intention or ability to repay it.

The Defendant received KRW 10 million from the victim on March 8, 2017, and KRW 8850,000 from March 20, 2017, from one bank account (C) in the name of the Defendant.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A complaint, false real estate lease agreement, authentic deed copy, cash loan certificate, full certificate of real estate registration, Nonghyup Bank, resident registration certificate, etc., details of transactions in a single bank and account transactions;

1. Pre-judgments: Application of Acts and subordinate statutes, such as criminal history records, investigation reports (verification of criminal records of the same kind of suspect and cases under probation period), written judgments, etc.;

1. Criminal facts;