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(영문) 의정부지방법원 2018.06.20 2018고정287

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

From July 2013 to July 2015, the Defendant operated a set of bags from the Government City C to July 2015.

The defendant around June 2014, at DDada, paid the money immediately to the victim B with the loan of money to the victim B.

“.....”

However, since it was difficult for the Defendant to take over approximately KRW 35 million at the time, there was no intention or ability to repay the borrowed money even if the Defendant transfers the borrowed money to another person.

The Defendant received cash amounting to KRW 20,000,000 in cash around June 9, 2014; KRW 3 million in cash around June 18, 2014; KRW 5 million in cash around June 25, 2014; KRW 100,000 in cash around July 2, 2014; KRW 170,00 in cash around July 9, 2014; KRW 170,00 in cash around July 15, 2014; KRW 90,00 in cash around July 15, 2014; KRW 190,00 in cash around July 15, 2014; KRW 500,000 in cash around July 15, 2014; and KRW 500,000 in cash around July 23, 2014; and KRW 300,000 in cash granted around July 18, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. A protocol concerning the examination of partially the accused by the prosecution;

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

1. A copy of each letter of passbook and a copy of the passbook [the following circumstances acknowledged by the evidence duly examined by this court are that the defendant deceivings the victim under the condition that the victim has no intention or ability to repay the borrowed money, according to the following circumstances:

The decision is judged.

A. The victim consistently asserts that he/she only lends money to the defendant and does not pay it as a multiple acquisition price.

On the other hand, while the defendant borrowed money from the defendant at the police investigation stage, there is a lack of consistency in statements about the nature of money, such as the reversal of the money received at the last time.