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(영문) 서울중앙지방법원 2016.02.25 2015고단6216

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 24, 2013, the Defendant committed fraud on July 24, 2013, at the “E” store for the victim’s “E” in Seocho-gu Seoul Metropolitan Government Operation D’s “E” sales of golf products, the Defendant would pay the principal to the victim within one month and make half of the profits, if he/she lends KRW 60 million to the victim.

“.....”

However, even if it is borrowed money from the injured party, it was thought that it will be used to pay the principal or interest to the third party, and as a result, it did not have the intention or ability to pay the principal or interest to the injured party properly.

On July 24, 2013, the Defendant, by deceiving the victim, received 60 million won from the victim to the Defendant’s Cit Bank account under the name of the borrowed money from the victim.

2. On July 8, 2014, the Defendant committed the crime of fraud on July 2014, 201, at the sales store of the said victim’s golf instruments operated by the Defendant on June 2014, the Defendant would pay the principal within one month and pay interest of 3% per month on the loan of KRW 50 million to the victim in return for the payment of the money.

“.....”

However, even if the money was borrowed, there was no idea that it will be used for the secondhand sale business, and even if some of the money was derived from the use of the secondhand sale business, there was no intention or ability to pay the principal or interest to the victim in accordance with the promise.

On July 8, 2014, the Defendant, by deceiving the victim, received 48.5 million won from the victim to the Defendant’s new bank account with the Defendant’s wife F as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. The part concerning the statement D in the second interrogation protocol against the defendant in the police room

1. The prosecution and the police with respect to D.