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(영문) 전주지방법원 2019.07.10 2018고단2609

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around December 4, 2017, the fraud Defendant made a false statement that “A” restaurant located in Jung-gu Incheon Metropolitan City, Jung-gu, would operate the E parking lot located in the Incheon Public Port and operate another parking lot in addition to the victim D. If the Defendant borrowed KRW 30 million of the parking lot deposit, he/she would pay profits as soon as possible.”

However, in fact, the Defendant did not operate the above E parking lot and did not plan to start the parking lot business and intended to use the money received from the victim for the purpose of paying personal debts. While there was no particular property or no hospitalization at the time, there was a loan obligation equivalent to KRW 300 million borrowed from a bank or an individual, and the Defendant is obliged to pay the amount equivalent to KRW 1 million per month as interest. Thus, even if he borrowed money from the victim, there was no intention or ability to pay the money.

As above, the Defendant, by deceiving the victim, received money from the victim to the Agricultural Cooperative Account in the name of F that the Defendant uses in the name of F where it is difficult to know the place of not more than Incheon on December 6, 2017.

2. On December 2017, in a place where it is impossible to identify a place below Incheon Posman in December 2, 2017, the Defendant concluded that “the Defendant borrowed KRW 2,50,000,00 as it is necessary to solve the customer’s accident while making a parking agency business, and lending KRW 2,50,000 to the said victim.”

However, in fact, the defendant did not have any accident while driving a customer friendly vehicle, and even if he borrowed money from the victim as above, he did not have any intent or ability to pay the money.

As above, the Defendant, by deceiving the victim as above, received money from the victim to the Agricultural Cooperative Account in the name of F that the Defendant uses 2.5 million won at a place where it is difficult to identify the place of not more than Incheon on December 20, 2017, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. D. D.