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(영문) 대전지방법원공주지원 2020.08.14 2020고정17

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On May 6, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Chuncheon District Court, and the said judgment became final and conclusive on May 14, 2015.

【Criminal Facts】

On November 2011, 2010, the Defendant borrowed money from the victim E E E E E E, which is named in the name of the ‘C’ D in the restaurant to the victim D’, in the name of the Franchis Center near the Franchis Center in Chuncheon-si B. The Defendant borrowed money to the victim. There is money to receive and pay.The Defendant made a false statement to the effect that the money is to be paid.

However, in fact, the Defendant was unable to repay the principal amount of KRW 13,247,435, which occurred around October 14, 1997 at a casino located in Gangwon-do's boat, even if he borrowed KRW 8,00,000 from the victim, the Defendant did not have any intention or ability to repay the principal amount of KRW 8,00,000.

As above, the Defendant, by deceiving the victim, received from the victim the delivery of KRW 8,00,000,000 on November 8, 2010 under the name of the Hbank account in the name of his/her father and wife G, from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Two copies of the register of automobiles, certificate of borrowing, and certificate of electronic financial transfer;

1. Each report on investigation;

1. Previous convictions: Criminal history records, investigation reports, Chuncheon District Court Decision 2014 High Order 2014 High Court Decision 236 High Court Decision and defense counsel asserts that they have the intent and ability to repay to the defendant;

However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is sufficiently recognized that the defendant received money from the victim without the intent or ability to pay the money.

(1) On November 2010, the Defendant borrowed money from the victim on a deposit basis, and paid the remainder to the victim in KRW 3 million on a deposit basis, and ten years.