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(영문) 제주지방법원 2020.10.30 2020고단1680

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2019, the Defendant stated that, at the D meat sales store operated by the victim C (the 39-year-old) of the victim C (the 39-year-old) located in the Busan-gun, the Defendant did not receive money from the victim for operating the shocking plant (the metal surface treatment plant) and, thus, the Defendant would pay back immediately after the loan of 20 million won to the victim as the financial situation is difficult, and at the latest by the end of May 2019.”

However, the Defendant planned to use the money borrowed from the victim as the money for sports entertainment. Even if the Defendant borrowed the money from the victim to the amount equivalent to KRW 80 million at the time, the Defendant did not have the intent or ability to repay the money until the due date.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Busan Bank Account in the name of the Defendant around January 9, 2019.

2. On January 26, 2019, the Defendant stated that “If the Defendant extended shares to the victim C (the 39-year old-old-old-old-old-old-old-age-old-age-old-age-based-age-based-age-based-child-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-

However, the Defendant planned to use the money borrowed from the victim as the money for sports entertainment. Even if the Defendant borrowed the money from the victim to the amount equivalent to KRW 80 million at the time, the Defendant did not have the intent or ability to repay the money until the due date.

Nevertheless, around January 28, 2019, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Busan Bank Account in the name of the Defendant.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of each protocol of examination of suspect against the defendant prepared by the police;

1. Statement made by the police officer C on the statement; and

1. Entry in a petition filed by C;

1. Copies of liquidity details;