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(영문) 대구지방법원 포항지원 2020.06.25 2019고단1280
사기등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 1280"

1. On August 2018, the Defendant made a false statement to the effect that “The Defendant, at a restaurant with which it is impossible to know the trade name located on the YYYY-si, Seocho-si, the victim B, “The 3.3 million won of the 15 million won of the 1,5 million won of the 1, can be seen as profits. A part of the profit is given and the principal is repaid within one month, and the Defendant borrowed money.”

However, in fact, the Defendant was thought to use the victim's personal debt to repay the borrowed money to the victim, purchased the cargo number plate with the money received from the victim, and did not have the ability to obtain profits from selling it. The Defendant did not have any particular property and was liable for the debt of approximately KRW 30 million to the financial rights and the branch, while there was no intention or ability to repay the principal within one month due to the shortage of income.

As above, the Defendant deceivings the victim, and is in its possession from the victim for the borrowed money, the amount of KRW 7.5 million on August 2, 2018 and the same month.

3. A sum of KRW 11 million, including KRW 3.5 million, was deposited in a Cbank account in the name of the Defendant.

2. The Defendant made a false statement to the effect that, between August 2018 and September 2018, the victim B by telephone at a place in which his/her address was not available to the victim B, “In addition, he/she would ask the victim B to divide his/her profit by means of transportation of cargo.” The Defendant would purchase the truck with the money, and would have repaid the money that he/she borrowed from the money before the refund of value-added tax was paid after one month.”

However, in fact, the Defendant did not have any particular property and did not bear the obligation of approximately KRW 30 million for financial rights and others, while the Defendant was in short of the income, and even if receiving the refund of value-added tax, there was no intention or ability to repay the amount within one month even if he borrowed money from the victim.

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