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(영문) 수원지방법원 안산지원 2018.10.25 2018고단1645

사기

Text

A defendant shall be punished by imprisonment for six 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

On March 24, 2008, the Defendant operated a golf practice hall with the victim E in the D golf practice hall operated by the Defendant located in the Nam-gu Incheon Metropolitan City, Nam-gu C around March 24, 2008.

4.5 million won was loaned, "I will complete payment once a week."

However, at the time, the Defendant was obligated to pay approximately KRW 12 million and operated a golf practice hall and was unable to make profits. Therefore, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent and ability to pay it.

In addition, the defendant deceiving the victim as above and received 4.5 million won from the Saemaul Treasury account (F) in the name of the defendant on the same day from the victim, and the same year from that time.

9. By August 9, 200, a total of KRW 19 million was remitted on seven occasions, such as the list of crimes in the annexed sheet, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A copy of the decision on the abolition of individual rehabilitation (the defendant and his defense counsel asserted that the defendant had sufficient intent and ability to repay each of the instant funds at the time of borrowing them, and therefore, according to the evidence as seen above, the defendant was responsible for a considerable amount of debt at the time of borrowing each of the instant funds. At the time, the defendant applied for personal rehabilitation to a court and the procedure was under way, and the procedure was abolished on July 18, 201 due to the failure to fully repay the debt in accordance with the authorized repayment plan. The golf practice course conducted by the defendant was reported to the enemy each month, and the defendant did not have any other revenue source, and the fact that the defendant leased the golf practice course under his own name and operated the golf course was not at the time of leasing the said golf practice course. Accordingly, in full view of these facts, the defendant can be acknowledged.