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(영문) 대전지방법원 2020.08.20 2019고단3274

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 2018, the Defendant made a false statement to the effect that “A” restaurant of the victim’s “D” operated by the Seocho-gu Daejeon Warman Co., Ltd., the Defendant would lend 20% of the principal amount to the victim if he/she borrowed 60 million won as expenses to open a beauty room with his/her wife and borrowed 20% of the principal amount to the victim, and will repay all of the loan borrowed money to the micro enterprise within 2-3 months after opening a beauty room.”

However, even if the defendant borrowed KRW 60 million from the victim, the defendant was thought to use the above money as the living expenses of the defendant, not the opening expenses of the beauty art room, and there was no intention or ability to pay the above money to the victim with the loan of the micro enterprise by opening the beauty art room.

As above, the Defendant, by deceiving the victim as above, wired the victim with the total sum of KRW 30 million from the victim on May 10, 2018, and KRW 60 million around November of the same month, including KRW 30,000,000,000,000 from the victim’s account under the name of the Defendant, and acquired pecuniary gains equivalent to the above money by deceiving the victim.

Around 14:00 on December 21, 2018, the Defendant made a false statement that “If he/she lends money to another person, he/she will repay money later than one week” to the victim I who is a senior high school and a senior high school.

However, in fact, since the Defendant had a personal obligation of KRW 60 million from the early May 2018, the Defendant did not have any intent or ability to repay the said money even if he borrowed money from the victim.

The Defendant, by deceiving the victim as above, received 2 million won from the victim to the K Association account (Serial Number) of the Defendant’s spouse J on the same day from the victim, and acquired pecuniary profits equivalent to the above money.

Summary of Evidence

"2019 Highest 3274"

1. Defendant's legal statement;

1. Each police statement of C;

1. A fact-finding certificate for the preparation of M;

1. Investigation report (affixing a certificate of qualification for an unemployed person, etc.);

1. Investigation reports;

1. Copies of the national technical qualification certificates;

1. A copy of the loan certificate;