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(영문) 수원지방법원 2016.08.10 2015고단6296

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 28, 2013, the Defendant’s fraud: (a) around January 28, 2013, at the Defendant’s home located in the U.S. C and 201 around 28, 2013, the Defendant is obliged to repay the Defendant with the Defendant’s money that the Defendant would have to purchase at home to the victim D.

“.....”

However, at the time, the Defendant did not have any particular property, but did not have any intent or ability to pay money even if he borrowed money from the injured party, but did not have any intent or ability to pay it, even if he borrowed money from the injured party. Although the Defendant received benefits of KRW 2.6 million per month, there was a shortage in the use of living expenses, child support, etc.

As such, the Defendant, by deceiving the victim, received 15 million won from the victim to the Korean bank account of the defendant on the same day under the pretext of borrowing money from the victim.

2. On March 25, 2013, the Defendant: (a) around March 25, 2013, at the mutual insular coffee shop located in the Dong of the Sungsung-si (hereinafter “Seoul”), the Defendant provided the victim D an opportunity to make an investment up to KRW 20 million per unit of the company’s employees, with an opportunity to make an investment up to KRW 40 million per unit of the company.

A loan of KRW 10 million is extended to the previous one, with an investment of KRW 35 million in the name of KRW 15 million in the sum of KRW 15 million in the previous one and KRW 10 million in the amount, and the principal will also be repaid.

“.....”

However, the defendant did not have any intent or ability to repay the money borrowed from the injured party because he/she borrowed the money from the injured party as above, even if he/she borrowed the money from the injured party for living expenses and child support.

As such, the Defendant, by deceiving the victim, received money from the victim to the Korean bank account of the Defendant on the same day as the money borrowed from the victim, and acquired it by deceiving the victim.

Summary of Evidence

1. The defendant's statement in court;