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(영문) 대전지방법원 2019.07.04 2018고단4213

사기

Text

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

However, 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. Fraud against the victim B (2018 Highest 4213) made a false statement that “The Defendant phoneed the victim B, who is a neighboring party, from the French land in June, 2017, to the victim B, and “I want to pay the money. I want to lend the money to the Plaintiff, because there are many people who know about the payment, and to pay the interest to the principal later.”

However, even if the defendant borrowed money from the victim, he/she thought that most of his/her debt will be used to repay his/her debt, and there was no intention or ability to repay it properly to the victim.

As such, the Defendant, as from June 5, 2017, received a total of 73,150,000 won, from that time to December 3, 2017, from the time when he/she received remittance of KRW 400,00 from the victim under the pretext of borrowing money, as stated in attached Table 1 through 12, 16 through 29, 31 through 60.

2. Fraud against the victim C (2018 highest 4722) was made by phone call to the victim C during July 2017, the Defendant concluded that “If there are many people in need of cash in the surrounding area, who borrowed money to B, the Defendant would have borrowed money to the said people and paid interest to the said people, and would pay the principal KRW 500,000 per won by the end of the following month.”

However, in fact, the defendant had no intention or ability to pay the principal or interest to the victim properly because he/she thought that he/she would lend money to the victim and pay the personal debt up to KRW 60,000.

On July 20, 2017, the Defendant, by deceiving the victim as such, received KRW 3 million from the victim’s account in the name of the Defendant to the D Association (E) account on July 20, 2017, and received transfer of KRW 11 million from that time to July 28, 2017, as shown in attached Table 2.

Summary of Evidence

[2018 Highest 4213]

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Summary of trading;

Part II of the Arrangement Report (F Bank, G Bank), and a statement of entry and withdrawal transactions;