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(영문) 서울북부지방법원 2017.03.16 2016고단4140

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 26, 2015, the Defendant made a false statement to the victim H of the instant teahouse located in Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul, stating that “When the Defendant lends money necessary for the repair of the car page to the victim H, the Defendant would have to withdraw the time limit money every one month from June 2015 to August 2015, 2015.”

However, in fact, the Defendant did not have any property or income, while the Defendant did not have any property or income at the time, and the amount received from the injured was intended to be used as repayment of his/her debt, etc., not for the Ka Pon remodeling, so even if he/she borrowed money from the injured party, the Defendant did not have any intent or ability

Nevertheless, on March 5, 2015, the Defendant, by deceiving the victim, was delivered KRW 10 million to the national bank account in the name of the Defendant to the victim.

2. On April 2015, the Defendant made a false statement to the victim H that “Around the day-to-day day-to-day day-to-day day-day day-to-day day-day day-to-day day-day day-to-day day-day day-to-day day-day day-day day-to-day day-day day-to-day day-

However, since the defendant did not have any property or income, such as Paragraph 1, the defendant did not have any intention or ability to receive only the time limit money and pay the time limit money normally.

Nevertheless, the Defendant, as such, by deceiving the victim, joined the 25 old unit number system operated by the victim through the victim, and received delivery of KRW 10,000,000,000 as the time limit money for around June 2015, KRW 10,100,000 around July 2015, and KRW 30,30,000,000,000 around August 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of the witness H;

1. Statement of suspect interrogation of the accused by the prosecution (97 pages of the investigation records);

1. Each protocol of suspect interrogation of the police against the accused (70 pages, 86 pages of the investigation records);

1. A copy of bankbook;

1. The amount of the fraternity (in accordance with the evidence duly adopted and examined by this Court), is as follows.