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(영문) 서울동부지방법원 2016.02.16 2015고단1755

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 13, 2013, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Seoul Eastern District Court on June 21, 2013 and the said judgment became final and conclusive on June 21, 2013.

【Criminal facts of the Defendant’s crime】 On August 2009, the Defendant tried to organize the relationship with the victim E in a ’D’ singing room in Songpa-gu Seoul, Songpa-gu, Seoul, with F at this time.

In order to do this, if the bank lends the interest worth KRW 60 million to the bank, it stated “2.5% per month” in the bill of indictment, but according to the evidence revealed in the summary of the evidence, the court below found that ① the defendant made it to the effect that the bank will give more interest than the bank's own interest to the victim; ② After November 2, 2009, the defendant paid more than 2.5% per month interest (3 million won) to the victim on November 2, 2009, and accordingly, the defendant did not explicitly promise the victim to pay interest at KRW 2.5% per month.

Even if it is fully recognized that at least the interest of bank interest should be paid, such recognition does not result in a substantial impediment to the defendant's exercise of his/her right to defense, and such correction shall be made ex officio.

The principal will be paid when the relationship is settled.

“A false statement” was made.

However, in fact, the Defendant had no property owned by the Defendant at the time, and was liable for the debt owed to the bond company for the purpose of arranging the partnership relationship, and was not in need of KRW 60 million, and was thought to use the money borrowed from the damaged party to repay the debt to the bond company of the Defendant and the Defendant’s living expenses, etc., unlike the victim’s use. Thus, the Defendant did not have any intent and ability to repay the money from the damaged party.

Accordingly, the defendant deceivings the victim as above and belongs to it.