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(영문) 청주지방법원 2019.07.03 2018고단2947

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around March 2010, the Defendant, who operated a house with the trade name of “C” in Seo-gu, Seo-gu, Chungcheongnam-gu, Cheongju, was found to be a customer with the occupation of “C” around March 2010, and was able to obtain money from the victim D, who was known to him, by marriage at the latest age and making a pregnant baby by using the enemy’s name under the pretext of allowing the victim D to have a baby to have a baby.

On April 1, 2017, the Defendant stated that “In the case of the Defendant’s car near the Cheongju-dong-dong-dong-dong-gu, Cheongju-si, the Defendant: (a) invested KRW 100 million in 80,000,000,000 in Cheongju-si, and sold it by auction and divided the profits by winning a contract of KRW 150,000,000 in 10,000,000 in Cheongju-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong; and (b) there is no need to know about money amounting to KRW 400,00,000.”

However, even if the defendant receives money from the victim, the defendant did not have a plan to divide the profit by receiving a successful bid through an auction, and there was no other property such as real estate, and there was no intention or ability to pay the money from the victim.

On April 27, 2017, the Defendant: (a) by deceiving the victim as above, received KRW 50 million in cash at the “G” coffee shop located in the territory of Cheongju-si on April 27, 2017 as the cost of winning a successful bid for the apartment from the victim; and (b) obtained KRW 200 million in total from September 14, 2017 to September 13, 2017, under the name of cash or the I account in the name of the Defendant, including the amount of investment in apartment auction, the amount of investment in H’s restaurant run by the Defendant at the time, and the amount of loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A copy of a loan certificate and a detailed statement of deposit transactions;