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(영문) 춘천지방법원 원주지원 2015.02.05 2014고단1092

사기

Text

1. The defendant shall be punished by imprisonment for eight months;

2. The Defendant pays KRW 15,000,000 to the applicant for compensation.

3.2

Reasons

Punishment of the crime

The Defendant is a person who carries on the kimchi-manufacturing business under the trade name of “D” in the original city of Kuju.

Around February 27, 2014, the Defendant stated that “A” factory “D is urgently required to supply kimchi to a government office. If the Defendant borrowed KRW 5 million, he/she would immediately return the full amount of the bank balance certificate after being issued only the bank balance certificate.”

However, even if the defendant received money from the victim as a balance certificate of bank, he did not have any intention or ability to return the money immediately after using it for the balance certificate.

The Defendant received 55 million won in total from a single bank account (F) in the name of the Defendant on two occasions under the pretext of a certificate of balance of bank on the same day from the victim.

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

Around March 18, 2014, the Defendant, “2014 Highest 1170, the Defendant,” made a false statement with the victim B, “A need to pay deposits to participate in the tendering for the supply of kimchi. If the Defendant borrowed KRW 15 million with the money as a bid deposit, he/she must pay the money within two weeks after using the money as a bid deposit.”

However, even if the defendant receives money from the victim as a bid deposit, he was thought to be used for the repayment of debts such as unpaid charges to the customer, and he did not have the intention or ability to pay within two weeks after using it as a bid deposit.

The Defendant received 15 million won from the victim to the single bank account (F) in the name of the Defendant for the same day as the bid deposit.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and B;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;