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(영문) 대전지방법원 2013.06.26 2013고단775

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated G with her husband F.

1. The Defendant committed the crime of August 8, 2008, on or around August 8, 2008, made a false statement to the victim I in the gas charging station operated by Sejong-si G located in H, Sejong-si, stating that “A person shall pay back within one week if he/she individually lends 15 million won to the victim I.”

However, there was no intention or ability to repay the borrowed money.

The Defendant, by deceiving the victim as such, received KRW 15 million from the victim as a loan to the Agricultural Cooperative Account under the name of the Defendant on the same day.

2. Around September 8, 2008, the Defendant committed the crime of September 8, 2008, the Defendant made a false statement to the victim at the pertinent G Office stating, “A full payment shall be made within one week, along with the borrowed money, prior to lending 10 million won to the victim, because he/she was immediately used in his/her own country.”

However, there was no intention or ability to repay the borrowed money.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the said Defendant on the same day.

Summary of Evidence

1. Legal statement of a witness I;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Statement of the police officer to I;

1. Current status of issuance of bills;

1. Investigation report (a copy of the certificate of borrowing I submitted by the complainant, etc.);

1. Three copies of a certificate of borrowing, and a real estate sales contract;

1. Two copies of transactions;

1. Financial statements for the year 2007-209;

1. Inquiries about the details of GFF, a copy of a passbook of one bank, and A account transactions;

1. A deposit certificate (I), etc. on February 5, 2008;

1. A specification of transactions with I;

1. Determination as to the assertion of the defendant and his/her defense counsel in the investigation report (to refer to the hearing report by K and L phone)

1. The alleged defendant's husband F has issued three copies of promissory notes (bill number M, N,O) to the victim. The defendant's husband's account is KRW 25 million from the victim as the amount of discount on each of the above bills or the amount of repayment.