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(영문) 수원지방법원 2017.10.11 2017고단1327

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who was engaged in G cosmetic sales, is between the victim H (n, 31 years of age) and the victim H, and around 2012, he/she was aware of the cosmetic's business.

1. On August 2014, the Defendant made a false statement to the victim that “Around August 2014, the Defendant received a loan under the name of four higher credit rating because B did not become a loan due to low credit rating, and transferred the loan to B, on the face of the transfer, to B, the Defendant would make a monthly remittance of money to be repaid.”

However, in fact, the Defendant has become liable for the debt, such as savings bank loans, and even if he has received money from the damaged party due to the monthly income of 100 to 150 million won, he did not have the intent or ability to repay the principal or to repay it.

Around August 19, 2014, the Defendant: (a) by deceiving the victim; (b) obtained a total of KRW 16,585,085,089 from the victim to the national bank account in the name of the Defendant; and (c) received KRW 8,000,000 from the above national bank account and the Busan bank account in the name of the Defendant and obtained a delivery of KRW 16,585,089 from the victim.

2. On July 2015, the Defendant made a false call to the victim, stating that “Around July 2015, the Defendant would make the principal and interest of the loan to be transferred monthly at the face of the principal and interest of the loan to B by obtaining a new loan.”

However, in fact, the Defendant has become liable for the debt, such as savings bank loans, and even if he has received money from the damaged party due to the monthly income of 100 to 150 million won, he did not have the intent or ability to repay the principal or to repay it.

The defendant deceivings the victim as above, and he received a total of KRW 34,00,000 from the victim on July 17, 2015, as shown in the annexed Crime List, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with H on the preparation of a letter of apology;

1. A criminal investigation report (attached details of Kakao Stockholm dialogue);

1. Application of Acts and subordinate statutes to the head of a Tong transaction statement, details of transaction with the National Bank, defendant's credit information reply, and financial transaction statement.