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(영문) 대전지방법원공주지원 2020.12.08 2020고단409

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 26, 2019, the Defendant made a false statement to the effect that, “In contact with the victim B who was aware of the long-term speculation in the inn where the Defendant had been in the past, the Defendant was in contact with the victim B, who was in know of the fact that the Defendant had been in operation, and was given a refund of KRW 180 million to the land owner. Of the borrowed money, the Defendant was paid KRW 89 million from the money, and there was no stay expenses to be used in Vietnam for the transfer to Korea. There was no expense to be used in Vietnam for the payment of KRW 89 million from the money loaned to the land owner. There is no expense to be used in the Republic of

However, in fact, the Defendant was staying in Macar, not Vietnam, and did not have any bonds or funds recovered, and there was no occupation or fixed income source at the time, as well as there was no obligation equivalent to KRW 26.9 million, but rather did not pay taxes equivalent to KRW 10 million, and thus there was no intention or ability to pay the amount normally even if the Defendant borrowed money from the victim.

On May 26, 2019, the Defendant: (a) by deceiving the victim as above; (b) received KRW 300,000 from the victim’s bank account (E) in the name of C as the borrowed money; and (c) from around that time to October 8, 2019, the Defendant received a total of KRW 86,00,000,000 from the victim on a total of 81 occasions, as described in the list of crimes in the attached list of crimes.

Summary of Evidence

1. As to the Defendant’s legal statement B, the details of each police’s written statement transfer, printed out of the Kakakao Stockholm conversation, personal entry and departure status, CD bank account transaction report (related to the search of the case of 2019TTT 58435, confirmation as to whether the Defendant was forced to conceal Hong Kong, confirmation as to the suspect’s credit information transfer history to the Defendant’s legal statement, the application of the relevant statutes to the Defendant’s legal statement transfer records, the

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Legal provisions;