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(영문) 전주지방법원군산지원 2020.10.21 2020고단1042
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

"Around April 27, 2018, the Defendant stated that "Around April 27, 2018, the Defendant borrowed KRW 20 million for use in the apartment sale business in the whole-in system, only one month, and theme to be used and repaid only for 20 million." to the victim B around the parking lot of the Gun Police Station in the Dosan-si, Dosan-si, 3.1, 82.

However, in fact, the Defendant was in excess of the debt amount of KRW 20 million at the time, and there was no income, and the sales business was not in excess of the profit amount of KRW 20 million and there was no intention or ability to repay the debt even if the Defendant borrowed money from the victim because it was not possible to make profits within the month since the sales business was not specifically

As above, the Defendant, by deceiving the victim and deceiving the victim from the victim to the D Bank account (E) in the name of his/her father C with the loan borrowed money, acquired the amount of KRW 25 million on April 27, 2018, and KRW 5 million on May 30, 2018.

On May 2018, the Defendant stated that “The amount of KRW 10 million shall be paid within two weeks if he/she borrowed KRW 10 million to the victim F, using telephone from the first place of the police station in early 2018.” The Defendant stated that “The amount of KRW 10 million shall be repaid within two weeks if he/she borrowed KRW 10 million.”

However, in fact, at the time, the Defendant was in excess of the debt amounting to KRW 20 million, and there was no particular revenue. Since the sales business was not carried out in detail, it was not able to make profits within 2 weeks, and thus, there was no intention or ability to repay the debt even if the Defendant borrowed money from the victim.

Nevertheless, on May 30, 2018, the Defendant: (a) by deceiving the victim as above; and (b) issued a cashier’s check ( check number I) at the “H” car center located in G in Gunsan-si, Gunsan-si on May 30, 2018; and (c) issued a 10 million won check issued by D Bank (Gunsan Branch) with borrowed money.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

"200 Highest 1042"

1. Defendant's legal statement;

1. B.

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