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(영문) 대전지방법원 천안지원 2019.06.20 2019고단737
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On February 10, 2016, the Defendant committed the crime of defraudation of KRW 40 million, a false statement to the effect that “The Defendant would give the victim B with the intention to operate a brine in the group located in Seosan-si, with the intention to make an investment in the brine restaurant. However, if 40 million won is invested in the brine, 300-4 million won will be given in a profit-making month.”

However, in fact, the defendant did not have the right to operate the restaurant, and even if he received money from the victim, he did not intend to use it for personal purposes, but did not actually operate the restaurant or did not have the intention or ability to pay the profit to the victim.

Nevertheless, as above, the Defendant, by deceiving the victim as above, obtained a total of KRW 6 million from the victim on February 13, 2016, KRW 4 million on February 14, 2016, and KRW 40 million on July 14, 2016, and acquired it by fraud.

2. On February 18, 2017, the Defendant committed the crime of defraudation of KRW 2 million: (a) false statement to the effect that “I will return money back along with the dividends of the existing investment money after repairing the money if I lent the money to the victim B by leaving the phone to the victim B.

However, even if the defendant received money from the victim, he was thought to use it in paying the card price, was in bad credit standing, and even if he did not receive money from the victim, he did not have any intent or ability to pay it properly.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 2 million from the victim on February 18, 2017 and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B among the interrogation protocol of the police against the defendant (2 times, 2 times).

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