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(영문) 의정부지방법원 고양지원 2015.10.16 2014고단3171

사기

Text

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

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

【2014 Highest3171】

1. On December 2013, the defrauded made a false statement to the victim C, stating that “it is not sufficient money to accept the head of the office” in the “E” book of the Defendant’s operation in Gyeyang-gu, Youngyang-gu, Seoyang-gu, 2013. If the victim borrowed KRW 20 million, the victim will pay KRW 800,000 per month interest and until March 2014. There is KRW 333,000 as a security deposit for the head of the office, and will offer it as security.”

However, at the time, the Defendant reported the enemy of KRW 7 million per month while operating the above head office, and when deducting the overdue monthly rent from the overdue, the deposit amount was not exceeded KRW 12 million at the time. Even if the Defendant borrowed money from the victim to the extent of KRW 14 million, the Defendant did not have any intent or ability to repay the debt, such as card theory, even if he/she borrowed money from the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim, received KRW 10 million from the victim on December 30, 2013, and acquired KRW 20 million on January 5, 2014.

【2015 Height2034】

2. On March 13, 2014, the Defendant made a false statement to the “G’s “G” house operated by the Defendant, which is located in Gyeyang-gu Seoul Metropolitan Government F, Seoyang-gu, 2014, that “If the Defendant borrowed KRW 30 million in the name of the victim, he/she will pay KRW 150,000 per month until November 15, 2015” to H, who is an employee of the victim company.

However, even if the defendant borrowed money from the victim, the defendant did not have the intent and ability to repay it.

As such, the Defendant, by deceiving the victim on March 14, 201, received 30 million won from the Defendant’s account under the name of the Defendant for the purpose of borrowing money.

Summary of Evidence

【2014 Highest3171】

1. Court statement of the defendant (the fifth court date);

1. Each police statement made to C and I;

1. The loan certificate, certificate of personal seal impression, real estate lease contract, letter of agreement, and deposit deduction / 2015 order 2034).