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(영문) 광주지방법원 2021.02.17 2020고단4596
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and the victim B are those who lived together in the Gwangju Northern-gu C Officetel around February 2017.

On February 2, 2017, the Defendant made a false statement to the victim of the instant officetel that “I wish to operate a siren business, with good profits, I would like to make an investment in the business, and would make a profit from the investment in the business.” The Defendant displayed a large amount of cash in the amount of KRW 5 million as I would like to make an investment in each type of siren business to the victim and make a profit.

However, in fact, the Defendant did not operate a siren business, and the Defendant was in the form of her working in her rental car company, and the Defendant was only in the form of her working in the her rental car company. At the time, the Defendant was liable to pay a debt equivalent to 0 million won in the number of the lending companies in bad credit, and the fine was not adequate to the extent that the amount of the fine was unpaid, so the Defendant did not have the intent or ability to conduct the her rental car business with the money received by the victim, and there was no intention or ability to return the proceeds and the amount of the investment.

The Defendant, as such, by deceiving the victim, received cash of KRW 14 million from the victim on February 17, 2017, KRW 4 million on or around April 19, 2017, KRW 3.5 million in cash on or around July 19, 2017, KRW 3.5 million in cash on or around September 14, 2017, KRW 4 million in cash from September 20, 2017, KRW 6.4 million on or around July 19, 2017, KRW 5 million in the name of each Defendant’s association designated by each Defendant around August 10, 2017, KRW 5 million in cash, KRW 3.5 million in cash, KRW 3.5 million in cash, and KRW 4 million in cash from September 20, 2017, KRW 400,000 in the name of each Defendant’s bank; and KRW 5 million in the name of each Defendant’s bank account designated around 21 million.

Accordingly, the defendant, by deceiving the victim, acquired a total of KRW 53.6 million from the victim's pecuniary benefits.

Summary of Evidence

1. Each legal statement of witness B and D;

1. Partial statement of the defendant;

1. Each police statement made against B, F, and D;

1. A complaint;

1. The principal's financial transactions;

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