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(영문) 광주지방법원목포지원 2020.12.22 2019고단1467
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 14, 2015, the Defendant made a false statement to the victim in an entertainment tavern operated by the victim C in Jeonnam-si B, 2016, stating that “I would do anything to be done here by adding three of ACs if I would have to pay 12 million won to another business establishment.”

However, due to the lack of special assets, the defendant did not have the ability to return the prepaid money even if the victim paid it, and there was no intention to do the work corresponding to the prepaid money at the victim's entertainment tavern.

The Defendant received 12 million won from the victim to the account designated by the Defendant in the name of advance payment from the E-office in the law firm E-office located in Yong-si, Yong-si, Jeonnam on February 15, 2016.

2. On May 7, 2016, the Defendant made a false statement to the victim that “I would have borrowed 300,000 won advance payment from this F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F. It would have worked at the president from the following day if I would have paid this instead.”

However, due to the lack of special assets, the defendant did not have the ability to return the advance payment even if the victim paid the advance payment, and there was no intention to do the work corresponding to the advance payment at the victim's entertainment tavern.

Nevertheless, the Defendant had the victim pay 3 million won in advance on behalf of the Defendant at his seat, thereby having the victim obtain pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A complaint, notarial deed, summary, credit information statement, investigation report (Submission of a statement of account transactions of a victim), - A statement of remittance transactions in the amount of three million won, and application of Acts and subordinate statutes of the details of transactions;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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