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(영문) 춘천지방법원 속초지원 2019.09.25 2017고단428

사기등

Text

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

Reasons

Punishment of the crime

1. Fraud;

A. On March 18, 2011, the Defendant stated that “A victim D, operated by the victim D, who was in the Nam-gu Incheon Metropolitan City B apartment C, performed the business of supplying water tanks to Russia, and there is a lack of KRW 6 million out of the water tank material cost of KRW 120 million. If the Defendant lent KRW 6 million, it would be repaid until the end of May 201.”

However, in fact, the Defendant did not know about the material cost of the water tank at the time, but intended to borrow money from the victim with only a debt of approximately KRW 30 million without any specific import. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intention or ability to pay the money within the agreed date.

Nevertheless, the Defendant, by deceiving the victim as above, received 6 million won from the victim to the post office account in the name of F designated by the Defendant on the same day.

B. On March 201, 201, the Defendant stated that “The Defendant would pay the victim D with two children of two employees of the trading office, who would not have been in cash, after the lapse of the three-month card settlement date.”

However, at the time of fact, there was no child of the defendant's business partner, and the defendant was merely the defendant.

Since the state of property such as Paragraph (1) received a rebuttal from the victim, and thought to be used as a living cost, there was no intention or ability to repay it within the agreed date, even if the victim received a reply from the victim.

Nevertheless, on March 201, 201, the Defendant, by deceiving the victim as above, was issued two gold bars equivalent to KRW 200,000 at the market price of the first patrolman.

C. From the beginning of April 2011, the Defendant lent KRW 4.5 million to the victim D at the same place as above, “A water tank construction has been entered in the city interest and there is no cash.” This is until the end of May 201.