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(영문) 광주지방법원 순천지원 2019.10.11 2019고정124
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

around September 2016, the defendant accepted the victim B house and became aware of it with the victim.

1. On January 18, 2017, the defrauded: (a) on January 18, 2017, the Defendant made a false statement to the victim by phoneing the victim at an unsound place; and (b) on January 18, 2017, the Defendant made a false statement to the effect that “If the father loans KRW 3 million as the hospital expenses fall short of the hospital expenses to be discharged, the Defendant will pay 3 million interest and pay 3 months after the date.”

However, in fact, it was thought that the defendant would use the defendant's living expenses and construction expenses in return for money from the victim, not for paying the wife's hospital expenses, and there was no intention or ability to pay three million won after three months.

The Defendant, by deceiving the victim, received KRW 3 million from the victim to the Agricultural Cooperative (D) account of the Defendant on the same day.

2. On April 7, 2017, the defrauded made a false statement to the victim by phoneing the victim at an unsound place on April 7, 2017 to the effect that “on a deposit basis. If the Defendant lends KRW 1 million to the victim’s residence E, it would be repaid.”

However, there was no intention or ability to pay the money even if the victim received money.

The Defendant, by deceiving the victim, received KRW 1 million from the victim to the Agricultural Cooperative (D) account of the Defendant on the same day.

3. On June 16, 2017, the defrauded made a false statement that “Around June 15, 2017, the Defendant phoneed the victim at an influent place, and “Around June 15, 2017, it is necessary to pay money. If the Defendant borrowed KRW 1 million, he/she would return it to volcanic E (the victim’s residence of the victim).”

However, there was no intention or ability to pay the money even if the victim received money.

The Defendant, by deceiving the victim, received KRW 1 million from the victim to the Agricultural Cooperative (D) account of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Details of deposit transactions and receipt of loans under Acts and subordinate statutes;

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