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(영문) 청주지방법원 2016.05.03 2015고단1869
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 5, 2013, the Defendant committed a crime on October 5, 2013, at the office of the victim C, located in the Cheongwon-gu, Seowon-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Cheongwon-si, and the victim’s “the director must be the director” and “the balance and the human test cost is insufficient.

One month shall be used and returned on a loan of KRW 10 million.

Interest made a false statement to the effect that it will pay KRW 700,000 per month.

However, in fact, the Defendant did not have necessary expenses in relation to directors and personal affairs, and the monthly income that was received with the help of the parents at the time was used as all as living expenses, so there was no intention or ability to repay even if the Defendant borrowed money from the injured party.

On October 5, 2013, the Defendant received KRW 10 million from the damaged party’s new bank account (D) around 16:23, 2013.

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

2. On February 24, 2014, the Defendant committed the crime at around 22:00 on February 23, 2014, at the victim’s house and coffee shop located in Cheongju-si E, a considerable amount of KRW 10 million on a three-four-four-day basis if he/she invested in Seoul, thereby resulting in an additional amount of KRW 40 million.

The loan of KRW 25 million to the money previously borrowed to this money. The mortgage will be created on the house to the extent of the loan.

The phrase “ makes a false statement.”

However, in fact, since the defendant did not want to provide the wife and the house as security by the house in the name of the defendant's wife, it was impossible for the defendant to offer it as security, and the defendant did not have any intention or ability to pay money even if he borrowed money from the injured party due to no particular revenue or property.

On February 24, 2014, the Defendant received 25 million won from the injured party through F around February 15:17, 2014 through the Defendant’s new bank account (D).

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

Summary of Evidence

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