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(영문) 수원지방법원 2016.06.16 2016고정880

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 17, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the method of Suwon, and the judgment became final and conclusive on April 1, 2016.

1. On September 14, 2015, the criminal defendant against the victim B would give the victim B an interest rate of 100,000,000 won with interest play at a place where it is not possible to know the place of light and around September 14, 2015.

“Delivery of Kakao Stockholm messages”

L. H. false statements were made.

However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent or ability to repay the borrowed money and interest to the injured party by referring to the “interest play”.

The Defendant, as such, by deceiving the victim, received total amount of KRW 5,90,000 from the victim to the account under the name of the Defendant, KRW 4 million on October 16 of the same year, KRW 60,000 on October 24 of the same year, and KRW 1,300,000 on February 1, 191 of the same year, respectively.

2. On November 3, 2015, the Defendant’s fraud against the Victim C, at a place where it is impossible to know the location of around November 3, 2015, saying, “In the event of an investment of KRW 30 million, the Defendant would invite the Victim C to attract the principal and interest of KRW 200,000,000 for 100,000,000,000 won with interest play,” and via the above B, the Defendant would pay the Victim C the principal and interest of KRW 20,000,000 for 10,000,0000.

“A false statement” was made.

However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent or ability to repay the borrowed money and interest to the injured party by referring to the “interest play”.

The Defendant, as such, by deceiving the victim, received KRW 3 million on the same day from the damaged person to the account in the name of the Defendant, and KRW 3 million on November 6, 2015, and received KRW 6 million in total from the damaged person to the account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B and C;

1. The loan certificate, a copy of passbook and the Kakao Stockholm content;

1. Two copies of a certificate of borrowed money, the detailed statement of savings deposit transactions, and inquiry into the results of transfer under Acts and subordinate statutes;