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(영문) 대전지방법원 2012.05.15 2012고정490

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 13, 2009, the defendant was sentenced to six months in the Daejeon District Court for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and the judgment became final and conclusive on February 21, 2009.

Although the Defendant borrowed money from the victim CG but did not have the intent or ability to repay it, the Defendant deceivings the victim more than five times in total, and received a total of KRW 8,730,000 from the victim and acquired the money.

On November 15, 2007, the Defendant received KRW 7 million from the victim to the national bank account (number: CI) in the name of the Defendant in the name of the victim, by stating that “If business funds are needed to sell the shares, and the credit card loan is borrowed due to lack of business funds, the Defendant shall pay the interest on KRW 10 per month, and shall repay the total amount of the principal and interest of the loan over 36 months.”

B. On June 2, 2008, the Defendant, at the Dong-gu Daejeon CJ council member where the victim works, again, lent to the victim the monthly amount of monthly wage to be paid to the victim for the lack of funds to sell medicine, such as Bagra, etc., one month, and received 780,000 won from the victim to the agricultural bank account (number CK) in the name of the Defendant.

C. On June 3, 2008, the Defendant was transferred KRW 450,000 from the victim to the said Agricultural Cooperative account by deceiving the victim at the same place as the Defendant around June 2, 2008, stating that “on the other hand, if the business funds are additionally lent money due to a shortage of business funds, the loans will be fully repaid.”

The Defendant was transferred KRW 200,00 from the victim to the said Agricultural Cooperative Account by deceiving the victim in the same manner at the same place as on June 23, 2008 at the same time.

E. Around June 27, 2008, the Defendant was transferred KRW 300,00 from the victim to the said Agricultural Cooperative Account by deceiving the victim in the same manner as at the same place as at 2.2.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning CG;

1. The investigation report (the 38 pages, 41 pages, 113 pages), 1.3