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(영문) 의정부지방법원 2017.01.20 2016고단4030

사기

Text

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

Reasons

Punishment of the crime

1. On November 21, 2013, at the Gangnam-dong store located in Songpa-gu Seoul Metropolitan Government 388-6, Songpa-gu, Songpa-gu, 2013, the Defendant would repay the victim C with money to the victim C after several months if the victim C lends money to the necessary amount of KRW 20 million due to financial difficulties.

“A false representation was made.”

However, there was no funds to be secured from the wife, and there was no intention or ability to repay the money even if the money was borrowed from the injured party for the amount of 40 million won or more.

Nevertheless, the Defendant, as mentioned above, was falsified and was transferred from the victim on November 21, 2013, KRW 6 million, and KRW 14 million on November 27, 2013 to the SC bank account in the name of the Defendant respectively.

2. On March 10, 2014, the Defendant, at the Seoul Local Tax Service Center, located in 104, Jongno-gu Seoul Metropolitan Government Transporting 104, concluded a charter party agreement with the said victim, stating that “A lessee, who was living in the house, did not have a director due to clerical error, was unable to receive the lease deposit from the owner of the house, and thus, the lessee cannot receive the refund of the lease deposit from the owner of the house, thereby promptly receiving the remainder of the lease deposit from the owner of the house to return the lease deposit to the owner of the house to the new director.”

However, there was no deposit money to be returned from the owner of the house, and there was no idea to newly obtain the deposit money, and there was no intention to use the borrowed money as the deposit money, and there was no intention or ability to pay it.

Nevertheless, the Defendant, as seen above, was transferred to the Defendant’s account in the name of the national bank account in the name of the Defendant’s wife in the amount of KRW 3 million on March 10, 2014, and KRW 47 million on March 11, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Inquiry of transaction details, application of a copy of a loan certificate, and statutes;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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