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(영문) 서울동부지방법원 2014.04.03 2013고단2380

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around March 2010, the Defendant became aware of the victim E (n, 48 years of age) while attending the urban housing course at D University Administrative Graduate School. From April 201, the Defendant was developing into the victim’s patriotism.

The defendant was willing to borrow money from the victim in the name of landscaping construction cost, etc. with the fact that payment has been made with the victim in a pety relationship.

On August 11, 2011, at a place where a place is unknown, the Defendant made a false statement to the victim, stating that “The Defendant shall pay off KRW 10,00,000 as much as the money is urgently required to carry out the construction of a villa in Gyeyang-gu, Gyeonggi-do.”

However, the defendant did not urgently require the cost of landscaping construction at the time, and even if he borrowed the above money, he did not immediately use it as landscaping construction cost, and did not have any intention or ability to pay the money borrowed from the victim.

After the Defendant received 10,00,000 won from a new bank account in the name of F of the Defendant’s father from the victim, the Defendant paid 7,000,000 won out of this to the new bank account in the name of F of the Defendant, and did not pay the remainder of 3,00,000 won.

In addition, from that to June 26, 2012, the Defendant received a total of 5,200,000 won from the victim under the pretext of landscaping construction costs, etc. by deceiving the victim 14 times in total, as shown in the list of crimes committed in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Part of the police interrogation protocol of the defendant

1. Determination as to the defendant's assertion of each police statement concerning G

1. The Defendant alleged that he borrowed money from the victim as stated in the facts of the crime. However, the Defendant alleged that he had sufficient intent to repay and sufficient ability to repay at the time of the crime, and used it as landscaped construction cost for the purpose of borrowing, and that he used it as a whole.

2. The witness G’s legal statement, part of the police interrogation protocol against the defendant, the police protocol against G, etc.