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(영문) 대전지방법원 천안지원 2020.07.24 2019고단2885
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

Around February 24, 2018, the Defendant stated that “F, a director of the victim-based dispute resolution committee E, introduced through Dong-gu, Nam-gu, Seocheon-gu, Seoul, through D, wanting to dispose of rice in the current government grain warehouse in Seocheon-do, and dispose of rice, there is no problem in distributing part of the rice during the city, and there is no change in the number of rice to purchase the rice at a successful bid from Seocheon-gu, Seocheon-gu.”

On March 26, 2018, the Defendant received 300 million won from the victim to the H Association account (I) in the name of G religious organization managed by the Defendant, and again concluded that “F would have secured rice by going through any other way despite the bid,” and that “I will return KRW 30 million to KRW 270 million as the cost is required,” and that “I will return KRW 270 million to the victim.”

However, in fact, as it was impossible to reuse the above rice, it was planned to dispose of it through an incineration company, and there was no fact that there was no bid for reuse of rice. Therefore, the Defendant did not have the intent or ability to provide rice to the victim, and there was no fact that the expenses for such bidding were consumed.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 300 million from the victim on March 26, 2018 to the above account at around 08:35, and received KRW 300 million from the victim on March 26, 2018, returned KRW 270 million on March 26, 2018, and acquired the difference equivalent to KRW 30 million from that time, from that time until May 3, 2018, by deceiving the victim through the above three methods, as described in the list of crimes, and thereby obtaining property benefits equivalent to KRW 300 million from the victim.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Each police statement made to J and F;

1. D Fact-finding certificates;

1. The details of transactions, written agreements on transactions, text messages, cooperation letters, each civil petition treatment and answer, each investigation report, and the public official in charge of viewing and listening to the investigation shall be K.;

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