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(영문) 인천지방법원 2021.02.05 2020고정2142
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 17, 2019, the Defendant entered into a loan agreement with the victim and the “15 Doctrine North Korea,” with the content of “5,702,400 won in total, monthly payment, 158,400 won, and 36 months in total,” with the victim and “15 Doctrine North Korea,” on the Internet homepage (C) of the Dispute Resolution Committee for the Settlement of Victims.

However, in fact, the Defendant, from the beginning, transferred the above Nowon-gu to a person who was not the party to the name, was planned to use the Nowon-gu as a living cost by receiving KRW 700,000 in return, and thus, there was no intention or ability to use the above Nowon-

As above, the Defendant: (a) induced the victim; and (b) was the one of the two North Koreas of the amount equivalent to KRW 5,702,400 as a loan on July 30, 2019.

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

On July 19, 2019, the Defendant paid KRW 360,000 in cash to the injured party on the condition that the Defendant would pay and use the fee for three years after opening the Internet, between the injured party D and the limited liability company affiliated with the Internet subscriber, which is the Internet subscriber attraction company. However, if the Defendant terminates the contract within one year or fails to pay the fee, the Defendant entered into a contract to return the stolen goods.

However, in fact, the defendant received cash from the injured party with stolen goods and thought to use them as living expenses, but did not have any intention or ability to use the Internet for the period agreed from the beginning.

Nevertheless, on July 24, 2019, the defendant deceivings the victim and was delivered KRW 360,000 to the victim through the Saemaul Treasury Account (F) in the name of the defendant.

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

Summary of Evidence

[200 Maz. 2142]

1. Statement by the defendant in court;

1. A letter of consent to the establishment of equipment, written agreements and arrangements for the use of the complaint.

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