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(영문) 대전지방법원 2020.09.03 2019고단3945
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Around May 22, 2019, the Defendant stated that “The Defendant would lend money to the victim B at the mutual infinite shop located in the Dong-dong, Daejeon-gu, Daejeon to the effect that, if he/she borrowed money to the victim B, he/she would repay the money to the other lending company with the money borrowed, he/she would receive the loan from the first financial right and repay the money with the interest of 20%.”

However, even if the Defendant received a loan from the first financial right as above, the Defendant intended to use the loan as gambling money without paying the money to the victim. Furthermore, the Defendant was liable for other financial rights and interests at the time, and the Defendant did not have any special property and did not have any specific income, and thus, there was no intention or ability to repay the loan even if the Defendant borrowed the money from the victim.

Ultimately, the Defendant, as above, by deceiving the victim as above, received KRW 18 million in cash from the victim, i.e., the same day from the victim, and obtained KRW 30,590,000 in total four times from around that time to July 1, 2019, such as the list of crimes in the attached Form.

On August 5, 2019, the Defendant drafted a monetary loan agreement to the effect that 5 million won should be repaid by the fifth day of each month until February 5, 2022 after receiving a loan from the PC located in Hongdodong-dong-gu Daejeon to the victim C (the State).

However, in fact, the Defendant was in excess of the obligation amounting to KRW 50,404,00 in total, including KRW 19,814,00 and KRW 30,590,00 in personal debt, and was planned to receive loans from the victim to use them as gambling funds, and there was no intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the employees belonging to the victim as above, received money of five million won in the name of the loan from the victim to the E account under the name of the Defendant on the same day.

b)a summary of the evidence;

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