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(영문) 인천지방법원 2020.06.12 2020고단1293
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the same industry as the victim B, and is known for ten years.

The defendant's defect that it is economically difficult to raise the mixed child, and that the defendant would lend money to the other person and receive interest from the other person.

In order to receive money from the victim by making a false statement that he/she intends to receive a commercial building through an auction, he/she has received money from the victim, and has raised money to use it for his/her own cost of living or personal

1. Around June 28, 2017, the Defendant: (a) made a false statement that “Around June 28, 2017, the Defendant would allow another person to borrow money from the victim to receive a large amount of interest.”

However, in fact, the defendant was thought to use the money received from the victim as his own business funds or living expenses, and there was no intention or ability to pay the principal and interest promised to the victim.

As above, the Defendant, by deceiving the victim, was transferred KRW 10 million to the account (Account Number: C) in the name of the Defendant for the same day from the victim.

2. Around August 8, 2017, the Defendant made a false call to the victim on or before August 8, 2017, stating that “If he/she sent KRW 50 million to the victim an auction at home, he/she will accept the commercial building at auction.”

However, in fact, the defendant thought to use the above 50 million won in order to prevent the creditor from applying for the auction procedure against the building under the name of the spouse D, and there was no intention or ability to receive a successful bid for the victim.

As above, the Defendant, by deceiving the victim, was transferred from the victim to the bank account (Account Number:F) in the name of the Defendant E, under the name of the Defendant’s father.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal investigation report (case on the details of deposits accounts), a criminal investigation report, and a criminal investigation report;

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