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(영문) 청주지방법원 제천지원 2017.11.16 2017고단264

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2016, the Defendant made a false statement to the effect that, by posting a phone call to the victim B, who is a workplace volunteer, the Defendant would have to go to the Gun and pay money to the son and son. As such, the Defendant borrowed money to the effect that he/she would have to transfer the land under the name of his/her father on his/her own side to change the land in his/her own name, and pay the money by receiving a loan as security.

However, in fact, the defendant was thought to use the money as dental treatment expenses by lending money from the victim, the defendant was not in a bad credit standing, and there was no intention or ability to repay the money even if he/she borrowed money from the victim due to no particular property or income.

The Defendant received KRW 320,00 from the victim’s credit account (C) in the name of the Defendant on the same day, and received KRW 9,740,000 in total over ten times from around that day to December 6, 2016, as shown in the list of crimes in attached Table 1.

Accordingly, the defendant was given property by deceiving the victim.

2. From March 2015 to December 1, 2016, the Defendant lent a mobile phone (E) opened in the victim’s name on the condition that the Defendant would pay the mobile phone installments and the telephone fee from the victim D. On November 8, 2016, the Defendant paid a small amount of KRW 49,900 using a mobile phone in the victim’s name, even if he/she did not have any particular property or income, and even if he/she makes a small payment using a mobile phone in the victim’s name, he/she did not pay the total amount of KRW 49,90 by using a mobile phone in the victim’s name, regardless of the victim’s intent or ability to pay the payment. In addition, from around that time to around December 20:49:05, the Defendant paid the total amount of KRW 1,99,600 by means of the same method as indicated in the victim’s list of crimes 22.

Accordingly, the defendant, by deceiving the victim, obtained property benefits equivalent to the same amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1.Each prosecution of B and D.