(영문) 춘천지방법원원주지원 2020.11.27 2020고정222

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(영문) 춘천지방법원원주지원 2020.11.27 2020고정222

사기

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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On April 5, 2019, the Defendant committed the crime of April 5, 2019, the Defendant made a false statement to the effect that “Around April 5, 2019, the Defendant borrowed money to the victim B for the use of only two months of spared, different interest, and later borrowed 10 million won of full payment.”

However, in fact, the defendant did not have any personal debt amounting to KRW 140 million, and there was no certain occupation and income, and there was no intention or ability to repay to the victim even if he borrowed money from the victim because there was no specific repayment plan.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received nine million won from the victim to the new bank account (C) in the name of the Defendant on the same day.

2. On March 25, 2020, the Defendant committed the crime of March 25, 2020, at the E-cafeteria operated by the Defendant, the Defendant, on March 25, 2020, told the victim B to the effect that “it is necessary to pay money to the victim KRW 2,500,000,000.................., the Defendant would return money already borrowed from the Defendant, if he borrowed money, to the effect that he would return money again.”

However, in fact, the defendant thought that he borrowed the gold boom from the victim to provide it as a security, and that his personal debt reaches the amount equivalent to 140 million won, and there was no certain occupation and income, and there was no intention and ability to return the gold boom to the victim.

Nevertheless, the Defendant deceiving the victim as above, and got a gold 5,250,000 won from the victim on the same day.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. The application of the police statement concerning the defendant's legal statement B, the details of passbook, receipts, and the Acts and subordinate statutes on the loan transaction contract;

1. Criminal facts;

유사 판례

-인천지방법원 부천지원 2019.01.09 2018고단2761

-울산지방법원 2019.06.13 2018고단3528

-창원지방법원 통영지원 2014.01.08 2013고단896

-부산지방법원 2015.12.24 2015고단3998

-서울중앙지방법원 2012.04.25 2011고정6671