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(영문) 대구지방법원상주지원 2020.10.21 2020고단88
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 22, 2019, the Defendant made a false statement to the victim B, stating, “I will pay KRW 500,000 to the victim KRW 4.5 million, because there is no money at present at that time, to be used for the price of the goods.” At the latest, I would like to pay KRW 5,000,000 to KRW 5,000,000,000,000 to KRW 10

However, in fact, since July 2018, the limited liability company C operated by the defendant had not been in a state of business, such as there was no corporate tax declaration, and did not intend to use the money borrowed from the victim as the price for the goods. Since the credit rating of the defendant at the time exceeds 100,000 won for the debts owed to the lending company, etc., even if the credit rating of the defendant was in excess of 12 million won, there was no intention or ability to repay the money from the victim.

As above, the Defendant, by deceiving the victim as above, received 4.5 million won from the victim to the deposit account (E) in the name of the Defendant in the name of the D Bank at around 12:15 on the same day.

2. The Defendant made a false call to the victim B at the time stated in paragraph 1, stating that “The Defendant would pay a total of KRW 8 million after 10 days with the borrowed money prior to a loan of KRW 300,000,000,000,000,000,000,000,000,000,000,00

However, the defendant did not have any intention or ability to repay money to the victim, even if he borrowed money from the victim for the same reason as the statement in Paragraph 1.

The Defendant, by deceiving the victim as above, received KRW 2.7 million from the victim to the deposit account in the name of the Defendant on the same day at around 14:22 on the same day.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 7,200,000 from the victim twice in total.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the written statement by the police on the defendant's legal statement B, the statement of account transaction at the complaint, the statement of transfer certificate, the suspect's credit assessment information reply

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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