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(영문) 대구지방법원 안동지원 2019.05.14 2018고단720

사기

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B were living in Pyeongtaek-gun, Gangwon-do and have known to neighbors.

1. At the end of January 2016, the Defendant stated that “F, the second son of the F, borrowed money to use the money in order to rescue and supply the home” to the victim in the operation E, which is the branch located in Pyeongtaek-gun C, Gangwon-do.

However, the facts are that the Defendant had to pay KRW 200,000,000 to the Defendant’s personal obligation at the time, and was willing to use the money borrowed from the victim to repay the personal obligation, so even if he borrowed money from the victim, the Defendant did not have any intent or ability to use it to seek money from the Defendant or to repay it.

On February 1, 2016, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Nonghyup Bank (H) account in the name of the Defendant G on February 1, 2016.

2. On April 15, 2016, the Defendant, at the place indicated in the above paragraph (1) as of April 15, 2016, planned to operate a system by providing the victim with 16 fraternitys and 12.50,000 won each time payment from April 15, 2016 to 12.50, the Defendant would provide the victim with an opportunity to provide an extension. Lastly, if the amount of an extension is extended, the Defendant would have a large amount of interest, thereby allowing the victim to receive the

The phrase "the victim had the victim join as a leader".

However, in fact, the Defendant did not have any intention or ability to allow the victim to provide the time limit money because the Defendant had to pay KRW 200 million of the personal obligation and the amount paid by the victim was considered to be used to repay the personal obligation.

On April 15, 2016, the Defendant, by deceiving the victim as such, received KRW 1.25 million from the victim’s account in the name of G on April 15, 2016, from the time to May 10, 2017, through the same method as the list of crimes in attached Form 1.

Summary of Evidence

1. Defendant's legal statement;

1. B.