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(영문) 대전지방법원 2020.11.20 2020고단1626
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On December 26, 2016, the criminal defendant against the victim B told the victim B, who was aware of his/her reputation, to the effect that “if he/she lends the money that he/she would urgently require, he/she shall pay the interest, even if he/she lends the money that he/she would immediately pay.”

However, in fact, the defendant was a bad credit holder, and there was no property or income, and even if he borrowed money from the victim due to a large amount of personal debt, he was intended to use it for the repayment of personal debt, and there was no intention or ability to repay it.

Around December 26, 2016, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the account in the name of the Defendant’s father C, and acquired 3 million won from the victim, and subsequently acquired 46.5 million won in total from the victim through 10 times until April 1, 2017, as shown in the attached crime list 1.

2. On February 20, 2017, the criminal defendant against the victim D, who was aware of that he was the husband of the above B, was to use the victim D only once a month when he borrowed the victim D, who was the husband of the above B, who was the husband of the above B, with the knowledge of his intention to pay the amount of KRW 200,000.

However, in fact, the defendant was a bad credit holder, and there was no property or income, and even if he borrowed money from the victim due to a large amount of personal debt, he was intended to use it for the repayment of personal debt, and there was no intention or ability to repay it.

On February 20, 2017, the Defendant, by deceiving the victim as above, received 3.8 million won from the victim to the account in the name of the Defendant’s father C on February 20, 2017, and acquired 3.8 million won from that time to May 2, 2017, and acquired 11,425 million won in total from the victim from May 25, 2017.

Summary of Evidence

1. The defendant's statement on the fourth trial date in court;

1. Each of the statements B and D among the police interrogation records of the accused in each court statement made by the witness B and D;

1. The police of D. D.

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