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(영문) 춘천지방법원 2018.09.17 2018고정28
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who has worked as a delivery officer at a “C” restaurant operated by the victim B.

1. On November 14, 2016, the Defendant made a false statement to the effect that “The Defendant would faithfully repay 4 million won to the victim in such a way as to add 200,000 won from monthly salary to monthly salary,” at the above restaurant located in Chuncheon-si D.

However, in fact, even if the Defendant was to receive the advance payment from the injured party, the Defendant planned not to use it as the hospital expenses of the mother. At the time, the Defendant did not pay interest for the lending enterprise, such as cream, and even if he borrowed money from the injured party, there was no intention or ability to repay it.

The Defendant received 4 million won from the injured party to the new bank account in the name of the Defendant under the pretext of borrowing 4 million won from the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 13, 2017, the Defendant, at the above restaurant around February 13, 2017, made a false statement to the effect that “Around February 13, 2017, the Defendant: “Around February 13, 2017, the Defendant made a false statement to the effect that “I will faithfully repay the amount of KRW 3 million,00,000,000,000,000,000,000,000,000,000,0000,000,000,000

However, the defendant did not have any intent or ability to repay the above even if he borrowed money from the victim.

The Defendant received KRW 3 million from the injured party on the same day in the above account as a loan.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement made by the police against B;

1. (E) checking the details of liquidity transactions, verification of the results of electronic financial transfer, (B) prior loan certificates, reporting of claims, submission of written opinions, and application of Acts and subordinate statutes on response to financial transaction details;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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