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(영문) 서울북부지방법원 2019.01.17 2018고단1992

사기

Text

The punishment of the accused shall be eight months by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 28, 2015, the fraud Defendant concluded that, at a place where his/her address is unknown on or around April 28, 2015, the victim B concluded that “The victim B would have a fright to have a fright to purchase a house. If a fright to a fright to a fright to a fright to a fright to a fright to a fright to a fright to a fright to a fright to a house, only one month shall be used,

However, in fact, C was not a mother of the defendant, and there was no intention to purchase a house, and even if the defendant borrowed money from the victim, it was thought that C lent money to D, and there was no intention or ability to repay the money borrowed from the debt of about KRW 300 million at the time within one month.

The Defendant, by deceiving the victim as such, received KRW 50 million from the victim to the E bank account under C’s name.

2. Around May 15, 2015, the defrauded stated that “Around May 15, 2015, the Defendant would pay money to the Defendant at a place where his/her address is unknown,” and that “Affort F is in need of money, if he/she lends money, he/she will pay it in several months.”

However, even if the defendant borrowed money from the victim, the defendant thought that he would pay money to F, and there was no intention or ability to pay money with the debt of KRW 300 million at that time within several months.

The Defendant, as such, by deceiving the victim, received 9.8 million won from the victim to the G bank account in the name of F.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Investigation reports (Attachment of details of transactions to be submitted by complainants);

1. The F’s reply and written statement of payment;

1. Each transaction accused and defense counsel asserts that they had the intent and ability to repay borrowed money at the time of borrowing money from the victim B with regard to paragraph (1) of the facts charged.

However, even if the statement of the defendant was made by the defendant, the defendant was used to lend 50 million won to D at the time of borrowing 50 million won to the victim on April 2015, but C is a house purchase fund for the victim.