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(영문) 의정부지방법원 고양지원 2016.11.10 2016고단1929

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around November 7, 2014, the criminal defendant against the victim C made a false statement to the victim C, stating, “The defendant would have to purchase and sell the high-priced vehicle. 5 million won, if he/she lends 5 million won to the victim, he/she would immediately repay the high-priced vehicle after again selling the vehicle. When he/she is paid the borrowed money under the name of E, he/she will be paid to E if he/she has not paid the borrowed money.”

However, in fact, the Defendant merely borrowed a certificate of borrowing from E, and thus, the Defendant was under obligation to repay the borrowed money to the victim by its own means, but the Defendant did not have the intent or ability to repay the borrowed money to the victim because of economic difficulties, such as the designation of the recipient of basic living

As above, the Defendant deceptioned the victim and acquired 5 million won on the same day from the victim.

2. On March 4, 2015, the criminal defendant against the victim E made a false statement to the victim E, stating, “I will repay the money that he/she would have lent to the victim E by the next day if I lend the money that he/she would need to pay.”

However, at that time, the Defendant was given a loan from the lending company, but there was no economic difficulty, such as failure to repay the loan, and there was no intention or ability to repay the loan by lending money from the victim for its own cost of living.

As above, the Defendant deceivings the victim, and thereby, from the victim, to the Agricultural Cooperative Account in F’s name on the same day, 750,000 won and the same month.

5. The person acquired 2.3 million won by transfer to the same account respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements in the suspect examination protocol of the defendant;

1. E’s statement of statement;

1. The loan certificate;

1. Receipt of deposit, a certificate of borrowing, or a photograph by cutting text messages and written confirmation;

1. Paragraph 1 of the Criminal Investigation Report (Confirmation of Suspect's Information Answer Data), reply to criminal facts upon request for cooperation in investigation: