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(영문) 수원지방법원 2018.05.25 2018고단1446

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 30, 2016, the Defendant made a false statement to the victim C, “If an investment is made in purchasing the forest, 10% of the monthly interest shall be given, and the principal shall be repaid within six months.”

However, in fact, the defendant was thought to use the money received from the injured party for personal purposes, such as living expenses or repayment of debts, and did not have the intent or ability to make an investment in purchasing the forest.

The Defendant, as well as receiving KRW 900,000 from the injured party on the same day from January 30, 2017, by deceiving the injured party as shown in the list of offenses, and received a total amount of KRW 60,33,050,050, in total, from 13 times, for investment funds, expenses for supporting youth business, etc.

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

2. On October 27, 2016, the Defendant made a false statement to the above victim, “In order to obtain youth business subsidies, the Defendant would have to purchase the out-of-the-counter vehicles in the name of four in order to raise the appraisal of property ability to obtain youth business subsidies. The vehicle loans will be paid in installments.”

However, in fact, the defendant did not have the intention or ability to pay the installments of the vehicle, because the defendant had the victim purchase the vehicle in order to get on and off the vehicle personally, instead of receiving the youth business subsidy.

Around November 2, 2016, the Defendant had the victim obtain a loan of KRW 39,000,000 from HK Savings Bank, and had the victim purchase an AD A8 car, thereby bearing a debt equivalent to the above loan, and the Defendant acquired a pecuniary benefit equivalent to the same amount.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Police in relation to C.