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(영문) 대구지방법원경주지원 2020.12.23 2020고정196
사기
Text

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

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

Reasons

Punishment of the crime

1. Around May 29, 2012, the Defendant: (a) made a false statement to the victim B at a high-speed bus terminal located in South-gu Navy-dong at port on May 29, 2012, stating that “The charges for the storage of goods entered a customs office are urgently required; (b) he/she shall be repaid within one month if he/she borrowed five million won; and (c) the victim made a false statement to the effect that “if he/she lends the money, only three million won.”

However, in fact, the defendant was in the accumulated condition of the outstanding amount in the clothing sales while running the clothing business at the time. Since the clothing purchased by the defendant was not sold well and there was no certain import, there was no intention or ability to pay the outstanding amount in one month even if he borrowed money from the complainant.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the Agricultural Cooperative Account in the name of the Defendant.

2. Around June 7, 2012, the Defendant: (a) made a false statement to the victim at the Seongbuk-dong, Seongbuk-dong, Mapo-dong, Mapo-si, Mapo-dong; (b) “A person who borrowed KRW 3 million from Mapo-dong, would be repaid within one month as he/she borrowed money; and (c) the victim made a false statement to the effect that “A person has no money; (d)” and “a person who borrowed one million won from Mapo-dong,” thereby making a false statement.

However, in fact, the defendant was in the accumulated condition of the outstanding amount in the clothing sales while running the clothing business at the time. Since the clothing purchased by the defendant was not sold well and there was no certain import, there was no intention or ability to pay the outstanding amount in one month even if he borrowed money from the complainant.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the Agricultural Cooperative Account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A written complaint filed by the police against the defendant's legal statement B and a written confirmation of the results of electronic financial transfer;

1. To make a request for cooperation in investigation;

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