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(영문) 수원지방법원 2018.04.24 2017고단8408

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal records] On January 12, 2018, the Defendant was sentenced to imprisonment for one year and four years and six months for fraud at the Seoul High Court, and the above judgment became final and conclusive on January 20, 2018.

[Criminal facts]

1. On June 10, 2015, the Defendant made a false statement to the victim D at the construction site located in the Seocho-si, Kim Jong-si, on June 10, 2015, that “The principal will be repaid by October 3, 2015 and the monthly income of KRW 10 million will be paid to the victim D by operating a private house in the Kimpo-si, which is short of business funds in operating the private house in Kimpo-si.”

However, the defendant could not pay the principal and profit due to the lack of income through the operation of the private land, and even if he borrowed money from the damaged person, he did not have the intention or ability to pay the money continuously due to the existing debt, etc.

Around June 10, 2015, the Defendant, from the injured party, received a total of KRW 44 million, including KRW 40 million from the Defendant’s husband G account in the name of F, and KRW 40 million from the Defendant’s husband G account.

2. On October 4, 2015, the Defendant concluded that, at the end of September 2015, the Defendant would immediately repay the amount of KRW 20 million if he/she additionally lent the amount of KRW 20 million to H at the coffee shop located in the vicinity of the Dongjak-gu Seoul Special Metropolitan City Black University Hospital.

However, the Defendant did not have any intent or ability to repay money from the injured party, and did not receive KRW 300 million from H, and the said money was rather intended to repay the existing debt to H.

On October 4, 2015, the Defendant received from the injured party the transfer of KRW 20 million from E to E’s national bank account in the name of the National Bank in the name of E, and caused E to remit the money again to the passbook in the name of H.

Summary of Evidence

1. Statement by the defendant in court;

1.Each police officer for F and E.