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(영문) 광주지방법원 2020.03.26 2019고단5349
사기
Text

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

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

Reasons

Punishment of the crime

1. In August 27, 2010, the Defendant committed the crime of August 27, 2010, the Defendant made a false statement to the effect that “if he/she sells two or more sold a motor vehicle and sells it, he/she would make profits if he/she carries on a siren business, and thereby, he/she sells the motor vehicle, thereby making an investment in the said money.”

However, even if the defendant receives money from the victim, the defendant only thought that he will use the money for his personal purpose, and did not have the intention or ability to purchase the vehicle.

The Defendant, as such, by deceiving the victim, received KRW 16 million from the victim as the purchase price for vehicles.

2. On September 23, 2011, the Defendant committed the crime of September 23, 2011, false statement to the effect that “A victim B shall be paid as the next day if he/she lent KRW 8 million to the Corporation because he/she supplied goods to the Corporation.”

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

As such, the Defendant, by deceiving the victim as such, received 8 million won from the victim to receive the remittance of the same day.

3. On November 8, 2011, the Defendant committed the crime of November 2011, 201, false statement to the effect that “The Defendant shall pay KRW 60 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won

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

The Defendant, by deceiving the victim as such, received KRW 5 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Protocol of each police statement concerning B;

1. A complaint;

1. Each business registration certificate, an agreement on cash lending, a cash lending, and the details of receipt thereof; consultation on December 12, 201; details of loans and monthly interest paid; consultation on September 24, 201;

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