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(영문) 수원지방법원 안산지원 2015.11.04 2015고단1853

사기

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On July 2012, the Defendant made a false statement to the victim, “E” in the beauty art room of the mutual name “E” operated by the victim D, and “B is the president of the private teaching institute and the president of the neighboring private teaching institute who has a bad credit.” The Defendant made a false statement to the victim, stating, “The degree of interest on the victim’s loan can be resolved by reducing the interest rate on January 5 through February 2, 201 and, if necessary, the victim would be repaid.”

However, even if the Defendant received money from the victim, he did not have the intent or ability to resolve the interest on the loan interest of the victim. The above suspended execution case (Yan District Court Decision 2012Dadan2184) had remaining to the extent of KRW 75 million,000,000,000, which was operated by Ansan-si F, Agsan-si, operated as the enemy-si, and the cost was invested in the opening of the Bosan-si, and it was not possible for the victim to receive the loan from the bank as a bad credit holder, even if the victim requested the repayment, there was no intention or ability to immediately repay the loan interest.

Nevertheless, the Defendant received KRW 5 million from the victim on July 10, 2012 from the victim to the account (Account Number: I) in the name of the Defendant H, and acquired a total of KRW 80 million on 53 occasions between around that time and around June 10, 2014 as stated in the separate crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Records of conversations;

1. The suspect's certificate of amount to be repaid;

1. Each detailed statement of financial transactions;

1. Each written deposit;

1. Determination as to the defendant and his/her defense counsel's assertion of investigation report (the analysis of account details, such as the amount of suspect repayment)

1. The alleged defendant means that "a victim will receive interest by lending money from the victim to the head of the neighboring private teaching institute. If the victim wishes, he/she will repay the borrowed money at any time."