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(영문) 수원지방법원 여주지원 2015.01.12 2014고단470

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 1, 2012, the Defendant stated that “The victim E is well aware of F working in the audit room of the office of the National Bank, and if the loan is made in order to obtain a loan of KRW 3 billion by taking security of 1600,000,000 from the National Bank G site of Hongcheon-gun, Gangwon-do, Hongcheon-do, Seoul, the Defendant would deduct the fee to be paid later, if the loan is made, from the fee to be paid later, or from the fee to be paid later, and would pay the said money in advance at the construction site.”

However, in fact, F did not work in the National Bank, and the defendant did not have the ability to obtain a loan of KRW 3 billion as security, and it did not have any money at the construction site, and otherwise, the defendant did not have the intent or ability to obtain a loan from the victim or to pay the oil to the defendant even if he did not have any economic ability or ability to obtain a loan of KRW 3 billion.

Ultimately, as above, the Defendant: (a) by deceiving the victim as above; (b) received KRW 1.5 million from the victim under his/her name on August 1, 2012 as borrowed money; and (c) received a total of KRW 6 million over 13 times, such as the list of crimes (1) from October 30 of the same year to October 30 of the same year; (d) from June 14, 2012 to October 7 of the same year, the Defendant paid a total of KRW 41,742,127 oil in the gas station operated by the victim, as shown in the list of crimes (2). From August 13, 2012 to December 13, 2012, the Defendant either received KRW 11,242,127,000,000,000,000 for accommodation and lodging expenses for three months, or acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including E statements);

1. Statement of the police statement of E;

1. The investigation report (to be submitted in writing, to be confirmed as the F Staff of the Office of Audit of the Head Office of the National Bank).