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(영문) 수원지방법원 2016.04.06 2015고단6181

사기

Text

A defendant shall be punished by imprisonment for six 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. On December 31, 2012, the Defendant: (a) from the office of the AM branch office of the Samsung Bio-M Group AM branch in the Suwon-si transfer-dong around Suwon-si, the Defendant won the winning in the victim B in “romoto 1, etc.”

It is necessary to pay 30% of the prize money by tax, and if money is paid by lottery-related persons, the amount of tax may be reduced by 10%.

A false statement was made to the effect that the Plaintiff would receive a lottery prize and pay it to the Plaintiff until March 2013, 2013, by lending KRW 10 million necessary for receiving tax reduction or exemption.

However, in fact, the defendant did not have won winnings in the lottery 1, etc., and there was no intention or ability to repay even if he borrowed money from the injured party because there was a situation in which 200 million won or more was liable without any particular property or income at the time.

Nevertheless, the defendant deceivings the victim as above and acquired it through the post office deposit account of the defendant on the same day from the victim.

2. On February 28, 2013, at the place indicated in paragraph (1) around February 28, 2013, the Defendant made a false statement to the effect that “The Defendant would receive the prize money of KRW 8 million as it is necessary to reduce the amount of the prize money to the victim B, and pay it up to March 2013.”

However, in fact, the defendant did not have won winnings in the lottery 1, etc., and there was no intention or ability to repay even if he borrowed money from the injured party because there was a situation in which 200 million won or more was liable without any particular property or income at the time.

Nevertheless, the defendant deceivings the victim as above and acquired 8 million won through the deposit account of the defendant in our bank on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A certificate of borrowing and a certificate of deposit;

1. Application of Acts and subordinate statutes on account transactions;

1. Criminal facts;