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(영문) 수원지방법원 안양지원 2019.05.23 2018고단222

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around July 2016, the Defendant, at the office located in Mapo-gu Seoul Mapo-gu Seoul, made a false statement to the victim C, stating that “The Defendant ordered the removal of the Incheon D market, and the Defendant changed the amount of KRW 20 million in return for the transfer thereof.”

However, in fact, the Defendant agreed to accept an order for the removal of the above construction from E on February 2015, but there is no progress in the preparation procedure to commence the construction, such as not being established until the time of the instant case, and even if the Defendant received money from the victim as the deposit money for the removal of the subcontracted construction, the Defendant did not have the intent or ability to have the victim implement the removal construction from August 30, 2016.

On July 27, 2016, the Defendant, by deceiving the victim as such, received a total of KRW 20 million from the G account in the name of the victim as the deposit money for the removal of the removal work.

2. On September 26, 2016, the Defendant made a false statement with the victim “as soon as it is necessary to make a new company, 3 million won was lent to the victim” in the “J Burial,” near the International Station in Ansan-gu, Ansan-si H. In order to make a new company, the Defendant made a false statement.

However, in fact, the Defendant did not have any money at that time, and was registered as a debt obligor in 2014 due to the Defendant’s failure to repay his/her obligation to financial institutions, and the money received from the victim was thought to be used for the payment of a fine, so there was no intention or ability to repay the said money even if he/she borrowed

The Defendant, as such, by deceiving the victim, received KRW 2 million from the victim to the account in the name of the Defendant on the same day under the pretext of borrowing money.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The statements of witnesses C and K in the second trial records;

1. Partial statement of witness E;

1. A protocol concerning the examination of the accused by the prosecution (first time);

1. Statement of the police statement of E;

1. Investigation Report, Credit Information Inquiry-suspects.