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(영문) 서울북부지방법원 2019.07.18 2018고단5153

사기

Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

On July 26, 2017, the Defendant made a false statement to the victim B that “The Defendant supplied B with B with B with B, purchased and supplied B with B with B with 14 million won or more, and after receiving the price therefor.”

However, even if the Defendant borrowed money from the victim, it was thought that he would use the money as living expenses, etc., but purchased the safe test and did not intend to resell it. At the time, the Defendant did not have the ability to pay the money borrowed from the victim within the month when he did not have any particular profits.

As above, on July 26, 2017, the Defendant deceivingd the victim and transferred KRW 14 million to the D account (Account Number: E) in the name of the Defendant C designated by the Defendant.

Accordingly, the defendant was given a delivery of KRW 14 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Investigation report (to find a complainant and telephone communications);

1. Certificates of transactions;

1. The defendant and his defense counsel asserted that the defendant had the intent and ability to repay money from the victim at the time of borrowing money, so there was no criminal intent of deceiving or deceiving the victim. Even if not, the defendant knew of the fact that he was the person with bad credit standing and the purpose of borrowing and notifying the victim of the fact that he was the person with bad credit standing and the victim was also aware, so there was no mistake by deceiving the victim.

However, in view of the fact that the Defendant and the victim did not pay most of the damage amount to the Defendant at the time of the loan and the present property at the time of the loan, the Defendant did not agree to repay the money borrowed from the victim within one month, taking into account the details of actually using the money borrowed from the victim, the relationship between the Defendant and the victim, which can be recognized by the evidence duly adopted and examined by this court.