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(영문) 춘천지방법원 원주지원 2020.02.06 2019고단748
사기
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A defendant shall be punished by imprisonment for not more than ten 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

Around May 31, 2018, the Defendant made a false statement to the effect that “D” the victim B would be immediately required to pay money. When lending money, he/she would repay money after three to four months.”

However, the defendant did not have the intent or ability to repay the money within the due date, even if he borrowed the money from the victim due to the situation where he was unable to repay the debt due to excessive damage.

The Defendant received KRW 2.7 million from the victim to the Nong Bank (F) account in the name of E on the same day on the same day, from September 12, 2018, and acquired KRW 13,300,000 from the above victim in total five times from September 12, 2018.

Around May 2018, the Defendant stated that “Around June 2018, 2018, the Defendant provided that “Adrode Domina” was “Adrode Domina,” and that “Adrode Domina shall be repaid if the Defendant borrowed KRW 3 million urgently,” to the victim G who became aware of the customer.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, on June 26, 2018, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim via the Agricultural Cooperative (H) account under the name of the Defendant on June 26, 2018, and received KRW 59 million from that time to December 7, 2018 by receiving KRW 11,00,000 from the said victim as shown in the attached Table 2 of Crimes List 2.

Summary of Evidence

"2019 Highest 748"

1. Defendant's legal statement;

1. Witness B;

1. - Notarial deeds and details of money transaction;

1. Each investigation report (Nos. 6 through 14, 16, 17, and 18 of the evidence list Nos. 6 through 14, 16, 17, and 18 of the 2019 Highest 1478);

1. Defendant's legal statement;

1. A protocol of examination of part of the accused accused by the prosecution;

1. Each investigation report (Nos. 3, 4, 5, 7 through 10 of the evidence list) law.

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