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(영문) 서울동부지방법원 2017.08.25 2017고단1617

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On May 18, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Eastern District Court for one year and six months, and the sentence became final and conclusive on May 19, 2017.

[Criminal facts]

1. On March 9, 2010, the criminal defendant against the victim C is expected to lend the victim C with money in the Seongdong-gu Seoul Metropolitan Government D D Building to the victim for a short-term living cost.

“.....”

However, in fact, the Defendant did not have any property under his own name. Since around November 201, the Defendant was delinquent in paying the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of the value of

As above, the Defendant was granted KRW 2,2150,000,000 to April 11, 2013, including by deceiving the victim and receiving KRW 1 million from the victim.

2. On June 30, 201, at the same place as Paragraph 1 of the same Article, the Defendant provided that “The Defendant would pay money to the Victim F within one month if he/she would pay the money to the Victim F in return for his/her home business.”

However, the defendant did not have any intention or ability to pay the damages even if he borrowed the money from the injured party, such as the statement in Paragraph 1.

The Defendant, as above, was issued KRW 34.9 million in total as shown in the List of Crimes (2) by April 11, 2014, including by deceiving the victim and being given KRW 5 million as a loan from tin as well as by being granted KRW 5 million as a loan from tin.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the accused by the prosecution (including each part of the C and F's statements);

1. Statement made by each prosecutor to C, F, and E;

1. Copy of each loan certificate, copy of passbook, copy of notice of credit transfer, details of transactions, and account details;

1. Each report on investigation;

1. Previous convictions: inquiries about criminal history and application of each statute of the judgment.