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(영문) 대전지방법원 서산지원 2017.10.13 2017고단647
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The criminal defendant against the victim B was sent to the victim B with a relationship with the victim B.

On September 23, 2016, the Defendant stated that “If the Defendant borrowed a loan of KRW 36 million under the name of four, the interest on the loan shall be paid in full, and the principal shall be paid in full.”

However, in fact, the defendant did not have to lend money as a matter of construction cost, and there was no intention or ability to repay money as promised even if he borrowed money from the injured party, such as not only a debt amounting to about 20 million won without any special property at the time.

However, the defendant deceivings the victim as above and acquired the total sum of KRW 36 million from the victim to the Agricultural Cooperative Account in the name of the defendant on the same day.

2. The criminal defendant against the victim C was sent to the victim C with a relationship with the victim C.

On January 2017, the Defendant stated that “The Defendant shall pay money to the Defendant using Kakao Stockholm messages to the Defendant, with the payment of money to the Defendant, at a place where it is not possible to know the place of the end of the month,” and that “The Defendant shall receive money from the Construction Company until March 1, 201.”

However, the defendant did not have to lend money due to the number of days, there was no money to be received from the construction company, and even if he borrowed money from the injured party, such as the clause 1, there was no intention or ability to pay the money as promised.

In doing so, the defendant deceiving the victim as above and deceiving it from the victim to the Agricultural Cooperative Account in the name of D on January 12, 2017, and the same year.

3. A total of KRW 12 million, including KRW 7 million, was remitted and acquired through money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. The details of account separate transactions, credit information replies, a detailed statement of deposit transactions, and a photograph of the closure of text messages;

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