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(영문) 서울동부지방법원 2014.10.29 2014고단2141

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 of the final judgment.

Reasons

Punishment of the crime

On March 23, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Suwon District Court on March 23, 2010, and the judgment became final and conclusive on March 31, 2010.

On July 2, 2009, the Defendant made a false statement to the victim D in Mapo-gu Seoul Mapo-gu, stating, “If he/she lends money to E while he/she has used it with low interest, he/she will repay the debt to E and repay the borrowed money to the party for whom six months have passed.”

However, from May 9, 2005 to July 2008, the Defendant: (a) borrowed KRW 284.5 million from F as the fund for the delivery project of Pakistan from F to July 2008; (b) incurred damages, such as de facto deterioration, etc. due to the occurrence of a nationwide transport disturbance; (c) aggravated financial circumstances, such as failure to make adequate profits with exchange rate breadth, etc. on September 2008; and (d) was unable to pay interest of KRW 5 million each month to F around February 2009, the Defendant filed a complaint against his female; (b) was investigated from the Sungnam branch of the Suwon District Prosecutors’ Office from March 17, 2009 to the Defendant on suspicion of fraud; (c) was indicted on August 26, 2009; and (d) had no capacity to pay the total amount of money from the victim at the time of borrowing the loan from the intent to pay the amount of money to the F around July 8, 2009.

On July 3, 2009, the Defendant, by deceiving the victim as above, received 67 million won in total from the victim four times in total, as shown in the list of crimes in the annexed sheet, from the time to September 1, 2009, not only from the time when the Defendant received 6 million won in the account under the name of the Defendant from the victim as the borrowed money from July 3, 2009.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. A protocol of suspect examination of G police officers;

1. Statement made to D by the police;

1. A copy of a bankbook and a statement of transactions;