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Reasons
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(영문) 대전지방법원 2021.01.14 2020고단3046
사기
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A defendant shall be punished by imprisonment with prison labor for up to six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On December 9, 2019, the Defendant: (a) on December 9, 2019, sold a phone call to the victim B at an influence place; and (b) on December 9, 2019, the Defendant sold the house that had been living while purchasing the house.

The lease money is required to be paid within 15 days from the loan of 30 million won.

“.........”

However, in fact, the Defendant did not have any intent or ability to repay money within the due date for payment promised to the victim, or to use it for gambling by charging money on the Internet sports soil site. However, the Defendant did not have any intent or ability to repay money to others.

As such, the Defendant, by deceiving the victim, was delivered KRW 30 million to the National Bank Account (C) in the name of the Defendant on the same day from the victim.

2. On December 13, 2019, the criminal defendant, around December 13, 2019, posted a telephone to the victim B at a closed place on December 13, 2019, and if the defendant additionally lent money of KRW 20 million to the victim B, he/she shall pay the money within 15 days.

“.........”

However, in fact, the Defendant did not have any intent or ability to repay money within the due date for payment promised to the victim, or to use it for gambling by charging money on the Internet sports soil site. However, the Defendant did not have any intent or ability to repay money to others.

The Defendant, as such, by deceiving the victim, was delivered KRW 20 million to the national bank account (C) in the name of the Defendant on the same day from the victim.

As a result, the Defendant was issued a total of KRW 50 million on two occasions by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A copy of each letter, a copy of each passbook, a copy of a gold ticket, and a photograph of the details of letters;

1. A complaint;

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