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(영문) 대구지방법원 2019.10.24 2019고단483
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 1, 2018, the Defendant made a false statement to the C Apartment Guard Office that the Defendant, located in Daegu Dong-gu, Daegu-gu, as a security guard, was the victim D who was frequently traveling a business trip for cable TV AS in the said apartment complex, stating that “The Defendant would repay part of every month if he/she borrowed three million won.”

However, the defendant did not have any intention or ability to repay money even if he borrowed money from the victim, because the monthly wage was about 600,000 won and there was no asset.

around June 8, 2018, the Defendant received three million won from the victim via the E community credit cooperatives account (Account Number:F) in the name of the parent of the Defendant.

2. On June 22, 2018, the Defendant stated that “The Defendant shall repay the Defendant with the money borrowed prior to the lending of one million won per share by telephone” to the victim via telephone.

However, the defendant did not have the intent or ability to repay the borrowed money to the victim as stated in paragraph (1).

The Defendant received one million won from the victim to the account of community credit cooperatives as described in paragraph (1) on the same day.

3. On June 26, 2018, the Defendant concluded that “The Defendant would repay the amount agreed upon with G Mesens through G Messen through G Messenssen from the Defendant’s assault case, with the money borrowed prior to the loan of 200,000 won.”

However, the defendant did not have the intent or ability to repay the borrowed money to the victim as stated in paragraph (1).

The Defendant received 200,000 won from the victim to the account of community credit cooperatives as described in paragraph (1) on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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