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(영문) 춘천지방법원 원주지원 2020.02.05 2019고단821
사기
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A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 25 million won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

The Defendant is a person serving as the chairperson of a “G organization,” and the victim F is a person serving as the chairperson of a “H organization.”

1. On November 5, 2018, the Defendant: (a) called the victim at an infinite place on November 5, 2018; and (b) purchased the KRW 25 million for the purpose of internal communication by means of phone calls from the victim at an infinite place; and (c) purchased the KRW 25 million for the purpose of internal communication. (d) The Defendant concluded that the Defendant would sell the said golf loans to KRW 1.1 million per bonds and return them to KRW 27.5 million, including the principal and profits, from the end of November 2018.

However, in fact, the defendant received money from the victim and thought to use it as personal debt repayment, etc., and there was no fact that he purchased the above golf loan, so there was no intention or ability to pay the principal and profit to the victim.

Around November 6, 2018, the Defendant, by deceiving the victim as above, received KRW 25 million from the victim to the forestry cooperative account under the name of the Defendant (J) in the name of the Defendant for golf loans.

2. On November 26, 2018, the Defendant made a false statement to the effect that “The Defendant will pay KRW 29,700,000 to KRW 2,50,000,000,000,000,000,000 which was promised first to be paid by the end of November 26, 2018, by phone call to the victim at an unsound place.”

However, in fact, the defendant received money from the victim and thought to use it as personal debt repayment, etc., and there was no fact that he purchased the above golf loan, so there was no intention or ability to pay the principal and profit to the victim.

The Defendant, by deceiving the victim as above, was given KRW 2 million to the above account in the name of the Defendant on the same day from the victim, under the name of the Defendant.

Summary of Evidence

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. Statement of the police statement concerning F;

1. Victim text messages;

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