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(영문) 서울중앙지방법원 2021.02.25 2020고단4131
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2016, the Defendant: (a) was at a meeting with the victim B, who was able to drive and walk the BMW car while driving the BM car; (b) displayed the Gangnam-gu Seoul Metropolitan Government C Borrowing; (c) displayed the Defendant’s house; and (d) displayed its history; and (b) stated that “the Defendant may impose more money from selling cable by importing cable from China” or a meeting with the business entity.

In other words, by accompanying the defendant to the job, the victim believed the defendant to continue the business.

Thus, on the 25th of the same month, the Defendant displayed the victim’s photo of “E” in the victim’s residence in Gangnam-gu Seoul, Seoul, and made a false statement to the effect that “I will pay back the balance of money that I have to invest to F.”

However, in fact, the above BMW car or CP car is not owned by the defendant, and the defendant is liable to pay the money borrowed from the lending company and many people, and since there was no particular property or income, there was no intention or ability to pay the money even if it was borrowed from the victim.

Nevertheless, the Defendant, as seen above, received KRW 1,00,000 from the injured party who deceiving the victim and believed the victim to be true, from the Defendant’s mother’s corporate bank account in the name of G to the Defendant’s mother, and received KRW 30,216,337 on a total of 41 occasions from November 1, 2017, as stated in the separate crime list, from that time, the Defendant received KRW 30,216,337 as the borrowed money.

Summary of Evidence

1. The Defendant’s written complaint on each police’s statement No. B on the Defendant’s partial statement, details of the transaction of the deposit account in the National Bank’s bank account, loan certificates, civil litigation judgment, details of Kakao Stockholm conversation between the complainant and the Defendant and the Defendant, certificates, detailed statement of each financial transaction, Kaka Stockholm message investigation report (in the case of the Defendant’s submission of additional data) on the Kakao Stockholm message, screen screen to the Kakao Stockholm conversation, and the contents of the Kakao Stockholm conversation.

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