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(영문) 수원지방법원 성남지원 2017.06.21 2016고단4100

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) around August 5, 2015, at the influence area in Sungnam-si, Sungnam-si, the Defendant “a mother needs hospital expenses” to the victim B.

A false statement was made to the effect that “on the loan of money is to be repaid.”

However, even if the Defendant received money from the injured party, her mother did not think of using it as hospital care costs, and did not have any intention or ability to repay the money to the injured party.

As such, the Defendant, by deceiving the victim as such, received delivery of KRW 8 million around August 5, 2015, around August 31, 2015, KRW 5 million around August 31, 2015, and KRW 3 million around October 12, 2015.

2. On November 12, 2015, the Defendant considers that “A certified broker test should be seen” to the victim B at the place of influence in Seongbuk-si, Sungnam-si.

A private teaching institute fee is 1.3 million won and 700,000 won are insufficient.

700,000 won was lent to the effect that “A person will repay the money.”

However, the defendant did not think that he had a private teaching institute, did not have the remaining 600,000 won, and did not have an intention or ability to pay money to the victim.

As such, the Defendant, by deceiving the victim, received 700,000 won from the victim in the name of the borrowed money from the victim, i.e., the victim.

3. On December 30, 2015, the Defendant is scheduled to operate a four-wave olympon point to the victim B at the place of influence in Seongbuk-si, Seongbuk-si, Sungnam-si.

A false statement was made to the effect that he/she would repay the money by operating four straight points on the face of lending the down payment.

However, the defendant did not have the intention or ability to operate the four straight points.

As such, the Defendant, by deceiving the victim, obtained 4 million won from tin to receive 4 million won as a loan from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A copy of loan judgment rendered by Sungnam-gu 2016, Sungnam-do 3927, 1.2