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(영문) 수원지방법원 안양지원 2019.01.11 2017고단2504

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

The facts charged shall be corrected ex officio on the basis of the adopted evidence to the extent that it does not impede the exercise of the defendant's right to defense.

At around February 13, 2015, the Defendant made a sales contract for loan 6, which is worth KRW 90 million, to the victim B, stating that “The money to be given to him by him from C is KRW 72 million for the loan 24 million for the loan 10 million for the loan 90 million for the loan 90 million if it is paid to him.” On the same day, the Defendant transferred the sales contract for the loan 3 loan 45 million to the victim “if it is invested in KRW 45 million, the Defendant may make additional 10 million for the loan 10 million for the loan 90 million.”

However, even if the defendant received money from the victim, he/she thought that he/she will use it for the purpose of personal debt repayment, etc., and the victim did not have to request the defendant to pay the existing bonds in several hundred million won, and at the same time, the loan site was difficult to raise funds, so the defendant was unable to complete the original completion plan, and even if he/she received money from the victim, he/she did not have the intent or ability to leave the principal and profit, etc. to the victim.

The Defendant, as such, by deceiving the victim, received from the victim a total of KRW 5 million, including KRW 10 million and KRW 45 million, from the husband E on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of F in the suspect examination protocol of the accused by the prosecution;

1. The police statement concerning G;

1. Each real estate sales contract and each receipt attached to a complaint shall be recorded as evidence;