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(영문) 서울중앙지방법원 2014.05.01 2013고단8452

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around October 10, 2012, the Defendant against the victim C told the victim C to the effect that “If he/she lends 2 million UN to the victim, 200,000, the loan period shall be two months, and the interest rate shall be 50,000 UN per month.”

However, at the time of fact, the Defendant was unable to properly pay monthly rent because it was not well operated, and there was no intention or ability to pay the above money even if it was received from the victim, on the ground that there was no very good financial circumstance, such as paying for the obligation of approximately KRW 20 million with the UN’s obligation.

The Defendant, as such, received delivery of approximately KRW 5,50,000 ( KRW 74,275,000 in total as shown in the crime list by January 28, 2013, by deceiving the victim and receiving approximately KRW 28,460,00 in the same month from the victim.

2. On May 16, 2012, the Defendant made a statement to the effect that “the victim H would pay money for collection and personnel expenses for employees for two months if he/she lent money.”

However, even if the defendant received the money from the victim for the same reason as paragraph (1), he did not have the intent or ability to repay it to the victim.

The Defendant, as such, deceiving the victim and deceiving him/her from the victim on May 16, 2012, and 500,000 UN around February 25, 2013, the same year.

5. On June 16, 196, the sum of 2.5 million UN, etc. was issued.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. C Complaints;

1. Each statement made to C and H;

1. Application of Acts and subordinate statutes to the suspect interrogation protocol of the accused to the prosecution (including substitute part);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The Criminal Act among concurrent crimes.