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(영문) 의정부지방법원 2014.10.22 2013고단3539

사기

Text

A defendant shall be punished by imprisonment for six 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. On October 15, 2012, the Defendant made a false statement to the effect that “The Defendant would purchase a domestic well-known FF ccot source to the victim in the E office operated by the victim D in Kimpo-si, Kimpo-si, and that “The Defendant would sell the FF ccot source to the victim immediately by cutting down the f ccot base because it is extremely difficult to save it, but would lend the original value to KRW 11.7 million, and would give 15% of the profit if sold.” However, in fact, the Defendant merely thought that the Defendant would have used it for personal purposes or used it as other business funds that the Defendant had continued to buy the FF ccot source.”

In addition, even if the defendant borrowed money, he did not have the intention or ability to repay it in the time.

As above, the Defendant, by deceiving the victim as above, received KRW 11.7 million from the victim to the bank account in the name of the Defendant, and acquired it by deceiving the victim. < Amended by Act No. 11373, Oct. 20, 2012>

2. On November 15, 2012, the Defendant made a false statement to the effect that “Around November 15, 2012, the Defendant would have repaid expenses to the victim within two to three days if G, a company employee, lends expenses to a Hong Kong business trip.”

However, in fact, the defendant only thought that he would receive money from the victim to use it as another business fund, and there was no intention to use it as a business trip expense for employees.

In addition, even if the defendant borrowed money, he did not have the intention or ability to repay it in the time.

The Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the Defendant’s bank account on the same day, and acquired it by deception.

Summary of Evidence

1. The defendant's partial statement in court (the act of deception, intent of repayment and denial of the part of ability);

1. The witness D's legal statement (the victim's statement in the investigative agency and this court is recognized as credibility because some of the statements are consistent in relation to the interest rate, details of the agreement, dialogue with H, etc., or the defendant's deception, etc.)

1. The defendant;