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(영문) 대전지방법원 홍성지원 2020.01.15 2018고단980
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

A. On November 6, 2016, the Defendant made a false statement to the victim B, stating that “A victim B needs to pay KRW 10,000,000,000 to his/her mother country of business with money.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

On November 6, 2016, the Defendant acquired 10 million won from the victim to the D Association account in the name of C Co., Ltd. from the victim.

B. On December 21, 2016, the Defendant, at around 19:00 on December 21, 2016, intended to purchase the Egypt at KRW 30 billion to the victim’s cafeteria near the residence of the victim B located in Chungcheongnam-gun, the Defendant purchased the Egypt at KRW 30 billion. Upon purchasing the Egypt, the Defendant would have the right to operate the Egypt 2 and the Egypt 30 billion. In order to raise the funds for the purchase and related expenses, the Defendant should encash up one trillion won, and the KRW 100 million is required. The Defendant borrowed money;

However, the Defendant, from around 2015, intended to purchase the aforementioned premium from around 2015, but did not have any particular capital, and even if there was no plan to attract any special investment, there was no way to procure the said premium from the full investors, so even if the Defendant received the above money from the victim, he did not have the ability to prepare the remaining fund and purchase

On December 22, 2016, the Defendant received 77,739,000 won from the victim from July 2, 2017, and acquired 16,532,260 won property benefits, as stated in the attached Table 2, including the transfer of KRW 70 million from the victim to the D Association account in the name of C Co., Ltd. (hereinafter “C”) around December 22, 2016.

Summary of Evidence

1. Each legal statement of the defendant and F;

1. Each prosecutor's protocol of examination of the accused and F (including the respective statements in G and B);

1. Copies of each passbook, each Internet banking transfer certificate, and the detailed list of transactions of automated machines (at least two :12 evidence list), and

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