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(영문) 제주지방법원 2020.05.07 2020고정96

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 2018, the Defendant stated that “The Victim B was leased public waters by allowing the C Village Association to use the public waters at a beach, and the Community Association is entitled to lease KRW 15 million, but there is no money to borrow money, but to lend KRW 15 million until September 15, 2018, the Defendant would complete payment with KRW 30 million from September 15, 2018.”

However, even if the victim borrows money from the victim, the intention was to lend money to E, who is the defendant's will, and the village council did not have to issue 15 million won to the community, and there was no intention or ability to pay the money to the victim normally due to the lack of a certain amount of income at that time.

On July 4, 2018, the Defendant, by deceiving the victim as above, transferred KRW 12 million from the victim to the new cooperation account (G) in the name of F on July 4, 2018, and acquired money by remitting KRW 3 million to the Agricultural Cooperative Account (H) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The details of accusation, complainants and suspect Kakakao Stockholm, text records, remitters and suspect letters, statements of transactions in Han Bank, statements of remittances and transactions in community credit cooperatives, business registration certificates, suspect NongHyup Bank, investigation reports (Attachment of credit information reply data), replies following requests for cooperation in investigation, and applications of statutes governing force on credit information

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;