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(영문) 대전지방법원 천안지원 2020.07.24 2020고단629

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around August 2019, the Defendant made a false statement to the effect that “The Defendant would pay money to the victim B, who is a company partner, as he/she is preparing for his/her internal business, if he/she begins his/her business.”

However, at the time, the defendant did not have the intent to acquire money from the victim to use it as a living cost, but did not prepare the business, and even if he received money from the victim, he did not have the intention or ability to repay it.

Nevertheless, on August 1, 2019, the Defendant, by deceiving the victim as above, received KRW 1,982,90 from the Agricultural Cooperative account (Account Number D) in the name of the mother of the Defendant used by the Defendant on August 1, 2019, and then by deceiving the victim by the same method until January 10, 2020, and acquired KRW 45,103,535 in total as shown in the annexed Table 1.

On November 2019, the Defendant made a false statement to the victim E (a) who was aware of the fact that “I would immediately establish a juristic person and receive money from the juristic person as collateral to receive money from the juristic person, if I would like to establish a used vehicle import juristic person, I would pay the money.”

However, the defendant did not have any specific plan to establish a used cars import corporation around that time, and there was no intention or ability to pay money to the victim because he thought that all borrowed money will be used as living expenses or entertainment expenses.

On November 3, 2019, the Defendant, by deceiving the victim as above, received KRW 1,00,000 from the victim to the Agricultural Cooperative (D) account in the name of the Defendant’s mother C on November 3, 2019, and received KRW 44,60,000 from that time to January 15, 2020, by deceiving the victim as shown in the separate crime list as shown in the separate crime list in attached Table 2, and acquired the money by deceiving the victim totaling KRW 13 times.

b)a summary of the evidence;