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(영문) 수원지방법원 2020.08.27 2019고단7028

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 27, 2016, the Defendant stated that, at around June 27, 2016, the Defendant: (a) was the influenite office of Suwon-gu C Officetel; (b) was the victim B, who was aware of as a result of the introduction of the branch seal around that time, that “on the loan of KRW 10 million to the branch seal; (c) was at the interest rate; and (d) was at the interest rate; and (e) was paid immediately after one week. The Defendant stated that the Defendant was the victim B, who was aware of as a result of the introduction of the branch seal. The Defendant stated that the payment for the E 9 vehicle, which was leased by the branch in D, was owned immediately after the full payment, and there is no need to inform

However, in fact, the Defendant did not have the right to offer the said K9 car as security to the victim, and even if he borrowed money from the victim due to the absence of certain income or assets, there was no intention or ability to repay the principal and interest of the loan when the Defendant promised to borrow money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred KRW 9.6 million after deducting the interest of KRW 4 million from the F Association account under the name of the Defendant on the same day from the victim.

2. Around July 12, 2016, the Defendant stated that “Around July 12, 2016, the Defendant, who committed the crime, by sending a phone to the victim at an infinite place, saying, “Around the loan of KRW 3 million to the victim, i.e., KRW 10 million which he/she had not repaid before he/she was detached, as well as KRW 10 million which he/she had not repaid.” Around July 12, 2016, the Defendant would continue to have a car offered as security by the end of

However, as seen earlier, the Defendant did not have the right to offer the said K9 car as security and did not have any intent or ability to repay the principal and interest of the loan when the Defendant promised to borrow money from the victim because the financial situation was inferior.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2.9 million from the victim, deducting the interest of KRW 100,000 from the F Association account on the same day.

Summary of Evidence

1. The defendant's partial statement 1. B and G's respective legal statements 1.