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(영문) 수원지방법원 안산지원 2020.05.07 2019고단833

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 9, 2018, the Defendant, on or around April 9, 2018, told the victim D to “A” located in Ansan-si, Ansan-si B, Ansan-si, and falsely stated that “A” would be paid with money to the victim D, i.e., “A., a hospital fee is urgently required, and KRW 10 million is urgently required.” On the other hand, the Defendant borrowed money to KRW 203,000,000.”

However, the Defendant, at the time of borrowing KRW 15 million from the Insurance Company, was liable for the debt of KRW 15 million, KRW 15 million, KRW 15 million, KRW 15 million, KRW 15 million, and KRW 10 million, which was paid on behalf of the Plaintiff, from the fraternity that the Defendant received, deducted the above loan from KRW 25 million, and the Defendant had to pay other debts, so there was no intention or ability to pay the loan within the agreed period, even if the Defendant borrowed money from the victim.

Around April 10, 2018, the Defendant, by deceiving the victim, was transferred KRW 10 million from the victim to the new cooperation account (G) in the name of the Defendant.

2. Around April 22, 2018, the Defendant: (a) sent a phone to the victim on the street near the “Isanbu” located in Ansan-gu, Ansan-gu; (b) around April 22, 2018; and (c) sent a false call to the victim, stating, “The Defendant would pay a wide amount of money if he/she invests KRW 20 million in running the Damar-gu business. If he/she lends a shortage of KRW 7 million, he/she would pay a lump sum of money to the victim on May 25, 2018, along with a loan of KRW 10 million.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed money from the victim for the same reason as the above 1.

As above, the Defendant was transferred KRW 7 million from the victim to the new cooperation account (G) in the name of the Defendant on the same day.

Summary of Evidence

1. Statement made by the accused corresponding thereto in the sixth trial records;

1. Statement made by witnesses D in the sixth trial records;

1. A certificate of transfer by a national bank, a certificate of borrowing, and a statement of deposit transactions to close a screen and a statement of compromise transactions;