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(영문) 전주지방법원 2016.07.01 2014고단1809

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 2, 2009, the defendant tried to go to the victim E in the D golf practice area located in Kim Jong-si, Kim Jong-si on September 22, 2009.

It is expected that the expenses will be repaid without a mold until September 22, 2010, which is one year after the face value of the loan of KRW 10 million in the shortage of training costs.

“A false statement was made to the effect that it was “.”

However, the defendant thought that he will use the borrowed money as living expenses, such as repayment of debts, not overseas training expenses, and even if he/she borrowed money from the injured party due to no special revenue, he/she did not have the intention or ability to change it within one year according to the agreement.

The defendant deceivings the victim as above and was remitted to the victim KRW 10 million.

Accordingly, the defendant was given property by deceiving others.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against E;

1. A complaint;

1. A report on investigation (Attachment to the lease agreement) and the lease agreement attached thereto;

1. Decision on the recommendation for performance, and the complaint;

1. A list of each property and a written oath;

1. Application of each statute on details of financial transactions and transaction specifications (the 11th, 27-28, 90-99 of investigation records)

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that they had the intent and ability to repay KRW 10 million from the injured party at around September 2009. However, on February 2, 2010, the father of the defendant had a recurrenced blood cancer, making it difficult to cover medical expenses. Since the defendant's father was unable to repay money due to failure in the operation of the indoor golf practice hall opened in the second half of 2010, there was no intention to obtain money from the defendant.

2. The subjective elements of fraud, which are the element of fraud.