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(영문) 수원지방법원 안양지원 2015.08.20 2014고단1887

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant did not have any other income in addition to the monthly amount of KRW 2.5 million, and the principal and interest of the loan amounting to KRW 2.5 million per month was repaid, and there was no intention or ability to repay the loan even if the Defendant borrowed money from the Defendant C, due to the circumstances under which the wife should pay the principal and interest of the loan amounting to KRW

Nevertheless, around December 8, 2010, the Defendant received a total of KRW 31 million from seven times until January 16, 2013 in the attached crime list, including the victim’s receipt of a remittance of KRW 5 million from a bank account (D) under the name of the Defendant to a single bank account (D) in the name of the Defendant.

2. Although there was a company’s policy that the Defendant could not cause damage to the defect repair work in connection with the progress of the construction work by the Defendant’s working company against Chuncheon City, the Defendant voluntarily performed the defect repair work, and thus, even if the Defendant borrowed the cost of the repair work from the victim C, the Defendant could not pay the victim money with the approval of the president of the company in accordance with the above company’s policy.

Nevertheless, around February 1, 2012, the Defendant, at the office of the Defendant’s office where he is working, made a false statement to the effect that “the Defendant would repay the money with the approval of the president of the company within two months when he/she borrowed this money from the F Company E,” and that he/she received the money from the victim on February 16, 2012, by allowing the victim to transfer money to the Bank account in the name of E (G) of the Bank of Korea (G) instead of KRW 35 million.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement by the prosecution against C;

1. Details of transactions forwarded by the complainant and electronic tax invoices;

1.Each report of investigation, confirmation of the suspect's assertion, and suspect.