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(영문) 대전지방법원 2019.06.25 2019고단897
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has worked as teaching assistants in B University bio- Location Laboratory, and the victim C is a representative of the enterprise that supplies experimental products to the laboratory.

1. On January 17, 2018, the Defendant, upon the payment of the goods, made a false statement to the effect that “The Defendant would pay every month the goods to be used in the laboratory are required to be supplied to the laboratory,” by communicating the victim with D at a place where the location is unknown.

However, the defendant did not have the intention or ability to pay the price even if he received the goods from the victim.

The Defendant received goods equivalent to KRW 3,491,400 in total from the victim of the four kinds of goods, such as experimental PC, from the victim on the same day. By May 4, 2018, the Defendant acquired economic benefits equivalent to the amount of KRW 23,097,80 in total on six occasions, such as the list of crimes in attached Form 17, as well as the supply of goods.

2. Fraud of a loan;

A. On March 30, 2018, the Defendant: (a) contacted the victim with D despite having no intention or ability to repay to the victim at a place where the location is unknown; and (b) made a false statement to the effect that “A professor’s married expenses are insufficient; (c) would be repaid at KRW 12 million after several months, on the loan of KRW 6 million; and (d) he/she acquired the victim’s property by transfer from the victim to the Defendant’s account.”

B. On April 24, 2018, the Defendant contacted the victim with D in a place where the location is unknown, notwithstanding the absence of the intent or ability to repay to the victim, and acquired the victim’s property by transfer from the victim to the Defendant’s account, by falsely concluding that “If the registration fee is short of KRW 6 million, it will be repaid to KRW 12 million after a few months after the lack of the registration fee.”

Summary of Evidence

1. Defendant's legal statement;

1. Three times against the defendant;

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