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(영문) 청주지방법원 2018.12.13 2017고단2355

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On October 1, 2015, the Defendant leased KRW 140,000,00 to the victim C and E (hereinafter “C”) at the D coffee shop located in Sejong-si, Seoul-si, with the intention to stop studio at that place, and had not repaid to the previous victim E.

Further to KRW 10,000 and interest KRW 60,000,000 will be paid after six months.

The studio is completed six months after the end of the studio, and the studio is paid with money by selling or leasing it, and the studio is operated at 2 places in the studio in the studio city, and it is false to the effect that the studio would be repaid with the profits from the mobile phone store.

However, the Defendant had never been able to construct studio on the above increase ground from the beginning. Even if the Defendant received the money from the victims, he was able to use most of the borrowed money as repayment of personal debt and operation expenses of the mobile phone store at the time, and the Defendant was liable for approximately KRW 328 million,000,000 at the time, while there was no other property, and the mobile phone store operated by the Defendant had no other property, and there was no intention or ability to change it normally after six months, even if the Defendant received the money from the victims.

Nevertheless, the defendant deceivings the victims as above and belongs to them for the same month from the victims.

5. The defendant was used;

140 million won (75 million won from victims C, 65 million won from victims E) was remitted to the Saemaul Treasury account (G) in the name of F.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution against C;

1. Each investigation report (to hear F phone statements, hear E phone statements, hear H phone statements, and hear telephone statements, including I);

1. A copy of a loan certificate and a certificate of confirmation of transfer;