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(영문) 대구지방법원 2020.09.15 2020고정346

사기

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2019, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court, which became final and conclusive on July 2, 2019.

【Criminal Facts】

1. On April 7, 2018, the Defendant, on April 7, 2018, made a false statement to the victim B, stating, “I have to agree that I have suffered a traffic accident, and I have to have to pay. I have to lend money as I have to pay in full.”

However, in fact, the defendant had a debt equivalent to about KRW 50 million at the time, and even if the defendant borrowed money from the victim because he was not involved in a traffic accident, he did not have an intention or ability to pay the money.

The defendant received 450,000 won in cash from the victim's place, and received 700,000 won in the account transfer from the national bank account (Account Number) in the name of the defendant.

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

2. On April 8, 2018, the Defendant made a false statement to the effect that “I will receive money from a third party and receive money from the third party,” and “I will receive money from the third party, and will receive money from the third party. I will receive money from the third party.”

However, in fact, the Defendant had a debt equivalent to about KRW 50 million at the time, and there was no intention or ability to repay the said debt even if he borrowed money from the victim because he was able to use the broadcasting revenue in exchange for other debt.

The defendant was transferred by account transfer from a national bank account (Account Number): 850,000 won under the name of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of transactions, deposits, and detailed statements of deposits;

1. Previouss before judgment: Criminal records;