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(영문) 대전지방법원 2019.10.23 2019고단2071

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant pays 112,900,000 won to AG which is an applicant for compensation.

3.2

Reasons

Punishment of the crime

[2019 Highest2071]

1. At around March 15, 2018, the Defendant called the victim AI to the effect that “it can be used to find out the amount of KRW 10 billion overseas and pay taxes.” At the same time, the Defendant made a false statement to the effect that “it shall be repaid within 2-3 days from the transfer of KRW 6.5 million.”

However, there was no foreign exchange which was brought into Korea from abroad, and there was no intention or ability to pay it normally even if the victim borrowed money.

The Defendant, by deceiving the victim, received KRW 6.5 million from the victim’s account in the name of the Defendant around March 15, 2018.

In addition, from around that time to June 28, 2018, the Defendant acquired the total of KRW 10,500,000 by means of the same three times as indicated in the crime sight table 1 as follows.

순번 일시 금원(단위 : 원) 피해자 범행방법 1 2018. 3. 15. 6,500,000 AI “해외에서 100억 원 정도가 들어와 있는데 세금을 내야 찾아 쓸 수 있으니 650만 원을 송금해 주면 2-3일 내로 변제하겠다”라는 취지로 거짓말하여 피고인 명의의 E조합 계좌로 금원 송금받음 2 2018. 6. 27. 2,000,000 〃 “토고에 돈을 부쳐 주어야 돈이 들어오는데 경비가 필요하니 500만 원을 빌려주면 바로 변제하겠다”라는 취지로 거짓말하여 피고인 명의의 E조합 계좌로 금원 송금받음 3 2018. 6. 28. 2,000,000 〃 〃 합계 10,500,000 《범죄일람표 1》

2. Around June 15, 2018, the Defendant made a false statement to the effect that “AK branch of the Chungcheongnam-si AKJ in Chungcheongnam-si, the victim AG shall transfer the last twenty-five million won of money to Saturdays,” and that “AG shall be repaid on a gold-day basis if it is lent money.”

However, the defendant did not remit money to the money, and even if he borrowed money from the victim, he did not have the intention or ability to pay the money normally.

The defendant.