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(영문) 대구지방법원 포항지원 2015.06.10 2014고정528
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

1) Around March 6, 2009, the Defendant made a false statement to the victim E at the D restaurant operated by the Defendant located in the Northern-gu, Seopo-si, Seopo-si, that “I will use 1.5 million won as the operating cost of the restaurant if I lend 1.5 million won to the victim E. However, the Defendant was operating the restaurant, but it was difficult to operate the restaurant due to the Defendant’s failure to receive the meal, and even if I borrowed money from the victim, I did not have the intent or ability to pay the money. Nevertheless, the Defendant was urged by the Defendant as above and immediately transferred 1.5 million won to the Defendant account from the victim. 2) On March 11, 2009, the Defendant made a false statement to the said victim that “I would return the apartment without selling it immediately, because I would lend 1.1 million won to the apartment sales deposit.”

However, the defendant was unable to receive apartment units due to the lack of ability to prepare part payments, and even if he was unable to purchase apartment units, he did not have the intention or ability to return the above money to the victim.

Nevertheless, the Defendant, by deceiving such deception, received 1.1 million won from the victim’s account immediately.

3. On April 14, 2009, the Defendant sent money of five million won to the above victim to his/her husband and wife in his/her mother as daily living expenses, so that he/she would receive guidance money at the end of October 2009 by remitting money of five million won to the above victim.

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, was immediately remitted from the victim to the Defendant’s ancillaryF account, five million won in money.

Accordingly, the defendant received a total of 7.6 million won through three times and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Criminal facts;

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