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(영문) 대전지방법원 2015.09.30 2015고단2589
사기
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who served as a warden in Seo-gu Daejeon Metropolitan City “D station” located in Seo-gu, Daejeon Metropolitan City.

1. Around April 20, 201, at the above gas station, the victim E calls to the victim, stating that “I will borrow only three million won and complete payment immediately within one week per share.”

However, the defendant did not have the intent or ability to repay the borrowed money.

The defendant deceivings the victim as such, and 3 million won was remitted from the victim to the national bank account in the name of the defendant on the same day.

2. On the 22th day of the same month, the Defendant, at the same place, told the victim at the same time, that “the inside shall be the gas station, and the oil shall be purchased at the oil station at this time.” On the 22th day of the same month, the Defendant false statement that “A person shall pay back the oil amounting to KRW 3 million,000,000,000,000,000,000 won.”

However, the defendant did not have any intent or ability to purchase oil or to repay borrowed money.

The defendant deceivings the victim as such, and 3 million won was remitted from the victim to the same account in the name of the defendant on the same day.

3. The defendant has committed the same harm.

5. At the same place on December 12, 199, the above victim made a telephone call to the above victim, and “it has a friendly relationship with the president while working in the gas station as the oil station, and can be sold under some of its names. The above victim purchased and sold oil in the name of the president.” The above victim made an investment of KRW 15 million, thereby selling it to leave the profit by selling it.

However, even if the defendant received money from the victim, he did not intend to make any investment in purchasing oil.

As such, the Defendant, by deceiving the victim and receiving KRW 15 million from the victim to the same account in the name of the Defendant, received KRW 21 million as the borrowed money and the borrowed money on three occasions, such as deceiving the victim and remitting KRW 15 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of transfer and loan;

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