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(영문) 서울북부지방법원 2020.09.11 2019고단4971

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 21, 2017, the Defendant made a false statement to the victim B, stating that “The amount of the business fund would vary from the money of her mother and child in order to proceed with the business of selling the hotel room in the hotel located in the land of Da and Gangwon-do.”

However, there was no fact that the above sale business was carried out, and the defendant thought that he would have personally used money from the beginning, such as lending money from the victim to the persons including C, etc., so even if he borrowed money from the victim, he did not intend to use it as business fund.

As above, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the Agricultural Cooperative (E) account under the name of the Defendant’s designated on the same day, and received KRW 4,499,00 in total over 15 times from around that time to November 18, 2017, as shown in the list of crimes in attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. The following circumstances acknowledged by the prosecutor’s statement statement No. B (the victim’s statement submission), the investigation report (the submission of the statement of transactions of a suspect), the investigation report (the statement of deposits and transactions of a suspect), and the evidence duly adopted and investigated by this court (the third party telephone investigation, etc.), i.e., the Defendant: (a) recognized the victim’s investigative agency and this court that “The Defendant borrowed the business fund to the victim “in order to carry out the hotel passenger recruitment business from the seat C and the Gangwon-do boat”; (b) the victim borrowed the victim’s statement from the investigative agency to the Defendant’s trust and use it as the business fund; and (c) even if the Defendant was in a personal relationship with the Defendant at the time, the victim did not lend the money of KRW 17,00,000 to C out of the money borrowed from the victim.