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(영문) 대전지방법원 서산지원 2019.01.24 2018고정215
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 3, 2017, the Defendant stated that “The Defendant would make repayment within one week from the lending of money” to the victim B at an infinite place (hereinafter referred to as the “Seinsan-si”).

However, from April 17, 2012, the Defendant was in arrears with the National Tax Service of KRW 210,285,000, and the Daejeon District Court was in arrears with the amount of KRW 6,479,000 from June 5, 2015 and was in arrears with the amount of KRW 6,479,00, and there was no ability to repay the amount.

Nevertheless, the defendant deceivings the victim as above and obtained 300,000 won from the victim's account in C's name (D) on the same day.

Around September 1, 2017, the Defendant recruited articles to act as an agent in Seosan from Seosan to the tent, and falsely stated that “The victim E who found the Defendant would immediately pay the agency fee that he/she received from the face of the week after completing the agency operation.”

However, from April 17, 2012, the Defendant had no intention or ability to pay substitute expenses to the National Tax Service from around 17, 2012 to the Daejeon District Court on the following grounds: (a) since June 5, 2015, the unpaid amount of KRW 6,479,000 was defaulted; and (b) the Defendant had no intention or ability to pay substitute expenses to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to engage in a proxy driving on September 1, 2017; and (c) did not pay 70,000 won to the victim, but did not pay it to the victim; and (d) acquired property benefits equivalent to the same amount.

Summary of Evidence

"2018 High Court 215"

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. The police statement concerning B;

1. The details of the petition and letters;

1. F reply materials "2018, 216";

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement to E by the police;

1. Details of complaint, order details and letters;

1. The suspect for the report of investigation; and

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