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(영문) 의정부지방법원 2016.05.25 2016고단112
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

As the Defendants were punished, the Defendants listen to the expression that Defendant A would not lend money if the Defendants would not provide a security because they could not repay the existing loan borrowed from the victim D, but Defendant A borrowed KRW 100 million. However, Defendant B conspired to deceiving the victim as if Defendant B borrowed money.

Defendant

A on September 1, 2010, in the vicinity of Spocheon-si, Spocheon-si, “Spoi B will supply building stones to the Republic of Korea from China” to the victims, and if you lend money, they will use the same for a period of two years only and complete payment without mold.

D. The Defendant B made a false statement to the effect that she was called 100 million won by lending 100 million won to her birth, and that Defendant B called her victim on the same day and called her “it is true that she borrowed money in return.”

However, Defendant B did not intend to borrow or repay the borrowed money by borrowing the money from the injured party.

The Defendants conspired to deception the victim as above and acquired the victim by transfer of KRW 100 million to the national bank account under the name of Defendant B on the same day from the victim.

Summary of Evidence

1. The defendant A's legal witness D's oral statement

1. Part of the statement D in the police interrogation protocol against Defendant A (including the payment order and the part concerning D's statement in the second time) of each prosecutor's office against Defendant A

1. Statement made by the police against D;

1. Determination as to each citizen bank's copy of the passbook, copy of the passbook No. NA (NH), Defendants, and defense counsel's assertion

1. On September 1, 2010, the summary of the argument is that a person who borrows KRW 100 million from the injured party is Defendant A, and Defendant B does not have to borrow money from the injured party, and there was no intention to acquire money by deceiving the injured party like the facts charged in collusion with Defendant A, and Defendant A did not have any intention to obtain money, such as paying interest of KRW 100 million for ten months.

2. The judgment is based on the evidence mentioned above.

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