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(영문) 청주지방법원 2019.10.31 2019고단967
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2010, the Defendant had been operating a mutual trust office in the Cheongju-si Office C in the Cheongju-si Office.

1. On April 14, 2016, the Defendant: (a) by deceiving the victim’s name G Bank account (H) to be transferred KRW 1,700,000 from that time to March 13, 2017, the Defendant acquired money from the victim’s name on five occasions, from that time, the sum of KRW 1,030,000,000 in total, as shown in the annexed Table of Crimes, from that time, the Defendant received money from the victim to the Defendant’s name G Bank account (H) on April 14, 2016, without any intention or ability to repay the borrowed money, as there was no other property at the time of borrowing money from the victim; and (b) by deceiving the victim as the borrowed money, even if there was no intention or capacity to repay the borrowed money as there was no other property.

2. Around December 13, 2016, the Defendant stated that “The Defendant retired from the position of the Administrator of the Small and Medium Business Administration, and is scheduled to receive shares from the company I at the time of his/her employment. If shares will be listed, a large amount of profits may be earned. The current transaction price is KRW 5,00 per share, KRW 3,800 per share, and KRW 3,800 per share.”

However, there is no fact that the defendant's three villages of support to the company I, and there is no fact that the defendant was scheduled to receive shares, and the defendant did not intend to purchase shares of the company for the victim.

Nevertheless, the Defendant, as above, by deceiving the victim and deceiving the victim, acquired 22.8 million won in total from the victim on December 13, 2016, including KRW 5.5 million on December 13, 2016 and KRW 17.3 million on December 28, 2016, by transfer to the J bank account (K) in the name of the Defendant as the purchase price of the company’s shares.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. The police statement concerning B;

1. The application of the Acts and subordinate statutes on file of a complaint, remittance data, data on arranging transfers for each day and each person;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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