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(영문) 청주지방법원 2020.09.23 2020고단672

사기등

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 November 2, 2018, the defrauded made a false statement to the victim D that “The Defendant borrowed KRW 20 million as he/she has engaged in speculative business. He/she will use and repay once a month. That is, he/she does not know because he/she has a deposit in the beauty room.”

However, the Defendant did not receive a refund of the cosmetic deposit, and even if the amount of bonds was paid at the time by KRW 3-40 million, the Defendant was merely a plan to repay the bonds or to use the bonds in daily living expenses, sports discussions, etc., and did not have any intent or ability to repay the bonds.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received 20 million won from the victim to the IBK Enterprise Bank Account (E) account in the name of the Defendant on the same day, and acquired it by transfer from around that time to April 6, 2019 through a total of 44.2 million won from the victim, such as the list of crimes in the attached list of crimes.

2. As stated in Paragraph 1, the Defendant borrowed money from the victim D, and the Defendant did not enter into a lease contract with F. However, as if there was a deposit amount of KRW 70,000,00,000, in order to make a false statement to the victim as if the Defendant had not entered into a lease contract with F. On November 2018, the Defendant entered “Real Estate Lease Agreement” in the “Real Estate Building of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul” into the “Real Estate Lease Agreement,” the following: (a) the Defendant entered the lessor’s address “Y, Seo-gu, Seo-gu, Seo-gu, Seoul; (b) the remainder “O million won,” the resident registration number, I’s name, and F; and (c) affix a seal thereon.

As a result, the defendant forged one copy of real estate lease agreement in F, a private document on rights and obligations for the purpose of uttering.

3. The Defendant’s uttering of a documentary investigation document is Seo-gu, Seo-gu, Cheongju-si on November 2, 2018.