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(영문) 대구지방법원 포항지원 2020.04.01 2020고단37
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

1. On March 25, 2019, the Defendant, against the victim B, made a false call to the victim B, who was aware of himself/herself as a member of the ordinary club, at a non-permanent place, and called “if he/she loans his/her money at a fixed time, he/she shall pay the money between one week and one month with no conditions.”

However, in fact, the Defendant had a personal obligation equivalent to KRW 60 million at the time, failed to recover the investment money related to the Coin business, and there was no intention or ability to repay the borrowed money within the agreed period because it is difficult under such circumstances as the balance in the account is not much than KRW 50,00.

The Defendant, by deceiving the victim as such, received KRW 9.5 million from the NongHyup Bank (D) account under the name of the Defendant on the same day.

Accordingly, the defendant acquired the victim's property by fraud.

2. On April 9, 2019, the criminal defendant against the victim E made a false statement to the victim E who was aware of his/her reputation at the G coffee shop located in North-gu, North-gu, North Korea on April 9, 2019, stating that “I would make a full payment three months after lending the money.”

However, in fact, the Defendant had a personal obligation equivalent to KRW 60 million at the time, failed to recover the investment money related to the Coin business, and there was no intention or ability to repay the borrowed money within the agreed period because it is difficult under such circumstances as the balance in the account is not much than KRW 50,00.

On April 9, 2019, the Defendant, by deceiving the victim as such, received KRW 19 million from the national bank account under the name of the Defendant (H) to the victim; KRW 14 million from the above national bank account on April 25, 2019; and KRW 5 million from April 25, 2019 to the Korean bank account under the name of the Defendant, the seat of the Defendant.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement concerning E and B;

1. Each detailed statement of transactions, replies, and each detailed statement of deposit transactions;

1. Each of the Acts and subordinate statutes shall report the investigation.

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