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(영문) 수원지방법원 2021.01.13 2020고단4755
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who has a relationship with the victim B.

1. On June 2019, the Defendant stated that “The Defendant would make an investment of KRW 40 million on the Chinese side and Chinese food processing business while operating the internal food processing business,” to the victim at a closed place where the end of the end of the month was not located.”

However, at the time of the occurrence of the financial crisis, the defendant was responsible for the debt amounting to KRW 60,000,000, and it was thought that the defendant would use the existing debt amount from the damaged person for the purpose of repaying the debt amount. There is no particular property, and even if the above interest project did not take place at the early stage, it did not have the intent or ability to repay the debt even if he received the money as investment money from the damaged person

As a result, the defendant deceivings the victim and acquired it by receiving the money of KRW 40 million from the damaged person for the purpose of investment around July 5, 2019.

2. On July 2019, the Defendant would receive KRW 500,000,00 from the husband to receive KRW 500,000 per month as interest on the loan from the victim on the road on the road at the end of the horse at the end of the day of July, 2019 if the amount of KRW 50,000 is insufficient to purchase the apartment house at the end of the KRW 380,000,00,000 from the victim.

In addition, 50 million won was called as "the apartment will be repaid if it is sold."

However, the defendant did not purchase an apartment and entered into a monthly rent contract for the apartment, and the defendant was responsible for the debt amounting to KRW 60 million, and the defendant was thought to use the money received from the damaged for the purpose of repaying the existing debt, and there was no intention or ability to pay the above money because there was no particular property or income.

Accordingly, the Defendant, by deceiving the victim, received the remittance of KRW 50 million from the victim to the victim on September 6, 2019.

Summary of Evidence

1. The defendant's statement in court;

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