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(영문) 대전지방법원천안지원 2020.11.11 2019고단3455
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 7, 2018, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months for fraud in the Daejeon District Court's Incheon District Court's Branch, and the judgment became final and conclusive on June 15, 2018.

1. On March 18, 2015, the Defendant made a false statement to the effect that “The Defendant would remove and sell steel materials and pay 100 million won as interest KRW 50 million until April 18, 2015,” with the victim C, “The sn beam beam sn beam sn beams all 200 tons of steel materials stockpiled.” If the Defendant borrowed KRW 50 million, the Defendant would remove and sell steel materials and pay KRW 200 million with the victim’s KRW 50 million.”

However, in fact, the Defendant was not the owner of the steel materials, and the Defendant was plans to repay the existing debts or to use the money borrowed from the victim for other businesses, and thus, there was no intention or ability to repay the money even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim and deceiving him from the victim to the Nonghyup Bank account in the name of the Defendant on the same day, wired KRW 50 million under the name of the Defendant.

2. On May 18, 2015, the Defendant made a false statement to the effect that “If the Defendant borrowed sn beam beaming steel materials from lack of funds, he/she would be repaid KRW 150 million at the pre-paid stage, with KRW 50 million as well as KRW 100 million at the pre-paid stage.”

However, the Defendant did not have the intent or ability to repay the borrowed money as above.

The Defendant, by deceiving the victim as above, shall correct it on the same day and following day from the victim.

The above account was remitted with 30 million won as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A sales contract for scrap metal;

1. A copy of a bankbook and a detailed statement of deposit transactions;

1. Previouss before ruling: Criminal history records, and the same kind of investigation report;

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