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(영문) 수원지방법원 2014.12.10 2014고정1853

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 21, 2009, the Defendant made a false statement to the victim D that “I will use only one week if I lend 4.5 million won to I, and will pay I, the time limit money.”

However, fact is that E intends to borrow money from the victim, but the victim does not lend money to E which has already been given several times from the victim, so the defendant was trying to lend money from the victim to E in lieu of E.

Accordingly, the Defendant, by deceiving the victim, was transferred 4.5 million won to the Agricultural Cooperative Account in the name of the Defendant for the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Some statements in the suspect examination protocol prepared by the prosecution against the defendant;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes of the complaint and detailed statement of deposit transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and his defense counsel’s assertion on the claim of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserted that the instant KRW 4.5 million was originally borrowed from the victim E, and the Defendant merely merely received KRW 4.5 million from the Defendant’s account under the name of the Defendant upon the request of the victim E, and did not commit deception against the victim.

According to each of the above evidence, the victim himself borrowed 4.5 million won as he did not have any money to pay taxes, and he stated that he remitted 4.5 million won to the defendant by having the defendant repaid his money after a week. At the time of the instant case, the victim already lent 100 million won to E, and even there was no intention to lend money to E, the victim is also suspected of fraud at the time of filing a complaint by the defendant.