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(영문) 의정부지방법원 2018.10.31 2018고단2931

사기

Text

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

Reasons

Punishment of the crime

On July 19, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court, and the judgment became final and conclusive on July 23, 2012.

The Defendant, while operating an Acryryer producer in Jongno-gu Seoul Metropolitan Government “C”, was aware of the fact that he had a golf club meeting in “G” near the F Station located in Jongno-gu, Jongno-gu, Seoul and the victim D around 2010.

On May 6, 2010, the Defendant would pay 30 million won interest to the victim at the mutual infinite coffee shop located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu, Seoul on May 6, 201, if the Defendant borrowed KRW 40 million to the Defendant, and the principal would be repaid immediately upon the request.

“False speech was made to the effect that it was “.”

However, the Defendant did not intend to play corporate bonds such as operating a bond business or loan business or receiving interest from the injured party, but was thought to use the money as operating expenses of the “C” from around 2009 to the point of business difficulties. From around 2005, the Defendant did not have a credit standing for receiving a loan from a financial institution at the time of not paying credit card price, etc., but did not have any intent or ability to repay the money even if it was paid from the injured party due to the lack of any specific assets.

As above, the Defendant: (a) deceiving the victim; (b) received from the victim on May 6, 201, an amount equivalent to KRW 40 million as the borrowed money from the victim; (c) and (d) by deceiving the victim as shown in the list of crimes in the annexed crimes from July 8, 201 to by deceiving the victim; and (d) received the remittance or delivery of KRW 135,030,000 through 16 times.

Summary of Evidence

1. Statement of the defendant in the court room and statement of the defendant in the first trial proceedings;

1. Legal statement of the witness D;

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

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the prosecution with regard to D;

1. D. D.