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(영문) 대구지방법원 김천지원 2020.05.28 2020고단391
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a person who actually operates the Gu-U.S. branch (representativeD) in the Gu-U.S. Seoul Special Metropolitan City Co., Ltd.

On January 24, 2018, the Defendant made a false statement to the victim E, who is an employee of the office of the Gu-U.S. branch, to the effect that “The Defendant will purchase and operate the first-aid vehicle in addition. If it invests in the purchase of the first-aid vehicle, it will pay the profits.”

However, even if the Defendant received money from the victim, he/she was planning to use or consume money for personal purposes, such as repayment of debts to other creditors and payment of investment earnings, etc., without purchasing the first-aid vehicle additionally, and was planning to use or consume money for personal purposes. The profits accrued from the operation of the main office of the Dispute Resolution Co., Ltd. was mostly used in repayment of debts and payment of earnings, and the Defendant did not have any particular property, so there was no intention or ability to pay the profits to the victim.

Nevertheless, on January 24, 2018, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative (G) account in F name around January 24, 2018, and received KRW 314 million in total from eight hundred to September 24, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, I, J, K, L, H, M, E, D, F, N, andO;

1. H details of transactions, investigation reports (P as to attachment of details of account transactions), attachment of account transactions, investigation reports (as to attachment of copies of account books submitted to the I), J remittance details, K transfer details, L transfer details, L transfer details, H transfer details, business registration certificates, business entrustment contracts, dialogues, investigation reports (as to attachment of a family relation certificate), investigation reports (as to confirmation of the F Account Transaction Details), investigation reports (as to telephone conversations with the P), text dialogues submitted by P to investigation reports, and contact details.

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