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(영문) 수원지방법원 평택지원 2017.01.19 2016고단1024

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around May 2009 to June 2009, the Defendant made a false statement to the victim F who became aware of in the course of E introduction from the D cafeteria located in Gangseo-gu Seoul Metropolitan Government, by the method of making payment to the victim F until the completion of the guidance, in a manner that the accounts are paid in 1.3 million won per month to the 1300,000 won per month by lending money, if the wife requires business funds, and the wife lends money to the ASEAN hospital expenses.

However, in fact, from around 2006, the Defendant had already been in arrears with the amount of 40 million won, and the Defendant had had no regular income and had intent to use most of the borrowed money as gambling or living expenses, etc. due to the lack of the heavy income business, and therefore, there was no intention or ability to repay the money even if it was borrowed from the injured party.

Nevertheless, the Defendant received from the injured party a total of KRW 10 million under the pretext of a loan from May to June 2009, KRW 10 million under the same name on June 12, 2009, KRW 10 million under the same name, and KRW 10 million on June 15, 2009, and KRW 11.5 million on June 17, 2009.

2. Around April 2010, the Defendant: (a) around April 2010, the Defendant made a false statement to “to repay within three days” to the victim as stated in the foregoing paragraph 1 of the same Article, if the down payment is insufficient as the contract deposit is to enter into a c with a cchill house; and (b) the charge of the performance is to lend KRW 5 million to the head of the Seocho-gu Tong.

However, even if the defendant received money from the injured party, he did not have the intention to operate the restaurant and did not have the ability to pay the money.

Nevertheless, around April 19, 2010, the Defendant received KRW 5 million from the above victim as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness F and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The written statement of the defendant;

1. A complaint, a letter, a cash receipt, and a statement of transactions;