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(영문) 전주지방법원 정읍지원 2019.02.14 2018고단186
사기
Text

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

around January 20, 2018, the Defendant made a false statement to the effect that “A victim E, the owner of “D,” which is a vessel for the coastal improvement design for shipping at the 2018 Gun, located in the C Job Placement Office located in the Gun, Si, Gun, Busan, would work as a seafarer on the date on which he/she promised to pay 17 million won in advance.”

However, even if the defendant receives the advance payment from the victim, he did not have the intention or ability to work as a seafarer on board the victim's fishing vessel.

As above, the Defendant, by deceiving the victim as above, received KRW 1 million on the same day under the pretext of advance payment from the victim, and KRW 4.5 million on January 22, 2018, and received KRW 9.5 million from the G bank account in the name of F, the Defendant’s seat on January 26, 2018, and received KRW 2 million from the G bank account in the name of the Defendant on January 31, 2018.

"The defendant, on June 2017, the 2018 Highest 506, the defendant made a false statement to the victim at the victim I's house located in Gunsan-si H in the middle of June 2017, stating that "the defendant will fully repay the loan by the end of December 2017, when he/she takes out the loan from the capital in his/her name or name."

However, in fact, the Defendant had a debt of KRW 91 million to the victim at the time, on the other hand, on the other hand, there is no particular property or income, and even if the victim receives a loan on behalf of the Defendant and pays the vehicle, he did not have the intent or ability to repay the loan to the victim.

Around July 12, 2017, the Defendant, by deceiving the victim as above, had the victim borrow 14 million won in the name of the victim from J on behalf of the Defendant, and had the Defendant pay 14 million won in the name of the victim as the vehicle price to be used by the Defendant, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

"2018 Highest 186"

1. Defendant's legal statement;

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. "Investigation report (including details of advance payment, etc.)" (Attachment to data, such as details of advance payment);

1. The defendant's oral statement;

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