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(영문) 서울중앙지방법원 2019.09.18 2018고단7275

사기

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated C in Seocho-gu Seoul Metropolitan Government and the victim D is a person who has been engaged in the above C as a ship.

Around April 2017, the Defendant, in the foregoing case, stated in C, that “The Defendant would raise a string with a string with a string with a string with a string with a stalle. It is difficult for the Defendant to return the money. However, it is necessary for the E-Wing Group to pay the money. The money is required to be used to carry out a cover-down contract. The Defendant may be punished by a few million won per month. If he/she lends money only three months, he/she would have to pay the money to the string group with its profits.”

However, in fact, the Defendant did not have any particular property or income, and was liable for a large amount of money including approximately KRW 20,000,000 for the Defendant’s mother’s debt to the financial institution, and approximately KRW 50,000,000 for the Defendant’s mother’s debt to the Defendant, and it is unclear whether the Defendant would have been able to make a payment with a large sum of money, so even if he borrowed money from the victim,

The Defendant received KRW 4,801,00 from the victim on May 12, 2017, under the name of the Defendant’s account as the borrowed money.

The Defendant, including this, was accused of the victim over 17 times from around that time to October 31, 2017, and was remitted KRW 21,141,850 from the victim as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. The head of a complaint, the principal's financial transaction, certificates of actual results of deposits and transactions, details of each settlement, and outline of claims;

The following circumstances recognized by the evidence duly adopted and investigated by the court, that is, the defendant was in a state of insufficient operating funds of the company at the time, the personal debt was also a considerable situation, and the planning company is normally prepared for the waste disposal.