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(영문) 서울중앙지방법원 2016.06.15 2014고단10130

사기

Text

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

Reasons

Punishment of the crime

On August 13, 2013, the Defendant, at the time room operated by the Defendant on August 13, 2013, concluded that “A successful bid is being operated by the victim D” as if the Plaintiff had been operating the time limit normally, and that “A joint bid is to be done if the Defendant paid the time limit by succession of the fraternity members who did not pay the fraternity.”

However, the defendant's loan from the damaged person in the same year from that time.

9. Until June 16, 198, there was no intention or ability to pay a mutual aid, even if the mutual aid members received a mutual aid payment from the person who succeeded to the mutual aid account due to a situation in which the mutual aid account could not be operated normally by operating the mutual aid account in a manner that prevents the mutual aid from returning the amount of losses not paid by the mutual aid members.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) received 6,914,000 won corresponding to six minutes from the Triday and four minutes from the Triday on August 13, 2013 from the injured party; and (c) received a total of 34,352,00 won from September 30, 2013, from that time to September 30, 2013 as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement of witness E;

1. Any statement made to the accused in part of a protocol (one time) concerning the examination of the suspect of the police or in part (three times);

1. Statement made by the police against D;

1. Each loan certificate (as evidence Nos. 3 and 4);

1. Determination as to the defendant and defense counsel's assertion of details of deposit transactions

1. The gist of the argument is that the defendant had no intention to acquire the money by deceit because the defendant had been operating the guidance normally at the time of receiving the money from the injured party.

2. In full view of the legal statement of the witness F, the police statement of G, and evidence documents submitted by the Defendant, etc., the critical opportunity that the Defendant was unable to pay the amount to the victim is that “the Defendant has a large amount of money left by G,” between the members of the fraternity.