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(영문) 의정부지방법원 2020.09.21 2019고단4871
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

1. On November 14, 2009, around November 14, 2009, the Defendant made a false statement to the effect that “Around November 14, 2009, the Defendant made a phone call to the victim B, and “I will pay back within three months because I would have to pay for the election expenses, because I would have to pay for the election expenses even if I would have failed to do so.”

However, at the time of fact, the Defendant was thought to use other debt repayment even if he borrowed money from the victim, and there was no intention or ability to repay even if he borrowed money from the victim due to cumulative debt of the lending company in the absence of any special revenue and property.

The Defendant received a total of KRW 10 million from the victim to the new bank account in the name of the Defendant on the same day.

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

2. Around September 28, 2010, the defrauded: “Around September 28, 2010, the Defendant called the said victim to the effect that “A lessee would have been and will have to enter into a new contract when the building was located in the name of Daegu.” However, if the water level and electricity would have leased money as the repair cost is urgently needed due to the malfunction of the building, the Defendant would have to fully repaid with the money borrowed prior to the repair of the building with KRW 10 million after receiving the lease deposit.”

However, at the time of fact, the Defendant did not own the building and did not have any intent or ability to repay the loan even if he borrowed the above loan, and even if he borrowed the loan from the victim due to the cumulative debt of the lending company, in the absence of any special revenue and property.

The Defendant received 5 million won from the victim to the account under paragraph (1) of the same day on the same day.

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

Summary of Evidence

1. Part of the defendant;

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