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(영문) 전주지방법원 군산지원 2014.01.22 2013고단290
사기
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

Around 22:00 on April 22, 2010, the Defendant made a false statement to the victim E within the DPC bank located in the following cities: (a) “A vehicle is being operated with a freight vehicle, and an installment is entered. If the Defendant borrowed KRW 20 million as he/she intends to dispose of the vehicle and purchase a used freight vehicle, he/she shall purchase the vehicle and pay the money within one to two months at the latest.”

However, even if the defendant borrowed the money from the victim in excess of his/her debt at the time, he/she did not have any intent or ability to repay the money borrowed from the victim with a vehicle secured loan, after using the money to purchase the valuable cargo vehicle or purchasing the valuable cargo vehicle as agreed by the victim, even if the defendant borrowed the money from the victim, he/she did not have any intent or ability to repay the money to the victim with the vehicle secured loan.

The Defendant received KRW 13.5 million from the victim to the account in the name of G on the same day on the same day, and acquired KRW 4.5 million in cash and acquired KRW 6.5 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Application of the Acts and subordinate statutes of passbooks, promissory notes, resident registration copies, and specifications of transactions;

1. The Defendant asserts that the Defendant did not receive 450,000 won, cash 60,000 won from the victim, which was remitted to the account under H’s name, as well as 450,000 won.

First, as to KRW 450,00,00 remitted to H’s account, according to H’s statement and transaction list in this court and investigative agency, H was “not aware of the victim at all, and the Defendant received money at the request of the Defendant at the time, and then withdrawn money to be remitted to the Defendant.”

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