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(영문) 대전지방법원 2021.01.13 2020고단2667
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. On December 25, 2014, the Defendant: (a) committed fraud on December 25, 2014; (b) the Defendant leased KRW 8 million to the Defendant’s home of the victim in Seo-gu Daejeon, Seo-gu, Daejeon; and (c) borrowed money from the Defendant to December 25, 2017.

“.......”

However, in fact, the Defendant did not think that he would receive money from the injured party to use it for the purchase of machinery, and he thought that he would use it for personal business investment, loan repayment, living expenses, etc., and even if he received money from the injured party, he did not have any intention or ability to pay it.

Nevertheless, the Defendant concealed the aforementioned circumstances, deceiving the victim, and then acquired pecuniary profits by receiving 7.9 million won of money borrowed from the account in the name of the Defendant on the same day from the victim to the account in the name of the Defendant on the same day.

2. On March 27, 2015, the Defendant: (a) around March 27, 2015, at the victim’s house as stated in the above 1.3. 2015, the Defendant: (b) loaned KRW 9 million to the victim “the parent parent shall purchase the machinery; (c) the parent shall be removed from lending money until March 27, 2017; and (d) the ownership of the rocketing-to-land will be transferred if it is impossible to repay the money.

“.......”

However, in fact, the Defendant did not think that he would receive money from the injured party to use it for the purchase of machinery, and he thought that he would use it for personal business investment, loan repayment, living expenses, etc., the victim did not have an intention to transfer the name of the rocketing driver owned by the injured party due to the vehicle installment, and there was no intention or ability to repay even if he received money from the injured party.

Nevertheless, the defendant hiding the above circumstances and deceiving the victim, and then deceiving the victim, the defendant was the account in the name of F, designated by the defendant, around March 28, 2015, with the account under the name of the defendant around March 28, 2015, KRW 7 million in the name of the borrowed money, and around March 29, 2015.

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