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(영문) 대전지방법원 홍성지원 2020.03.17 2019고단507
사기
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

1. On February 1, 2018, the Defendant, around February 1, 2018, concluded that “A victim C’s residence located in Seocho-si, Seosan-si, had the land to be purchased with interest, with interest thereon being leased three copies per month, and the principal would be repaid until December 30, 2018.”

However, in fact, the Defendant had no land at the time of purchase, and there was no intention or ability to repay the debt with the money borrowed from the victim when the debt exceeds the amount of KRW 150 million,00,000 from the lender and the beneficiary. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the debt according to the promise.

The Defendant, as such, by deceiving the victim, received a delivery of KRW 30 million in total, including one copy of KRW 10 million check, two copies of KRW 18 million check, and KRW 18 million in cash, from the victim’s residence on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Around February 3, 2018, the Defendant committed the crime, around February 3, 2018, concluded that “A victim C is obliged to pay money in return for a 27-person bus with a 27-person bus,” with interest on a monthly basis, and that the principal would be repaid by December 31, 2018.”

However, as stated in Paragraph 1, the Defendant had no intention or ability to repay the borrowed money as agreed by the victim because the Defendant had already been able to repay another debt with the borrowed money borrowed from the victim.

The Defendant, by deceiving the victim as such, received from the victim a remittance of KRW 20 million to the F account under the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

3. On February 28, 2018, the Defendant committed the crime at the victim C’s residence located in Seosan-si around February 28, 2018.

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