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Reasons
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(영문) 서울북부지방법원 2015.07.14 2014고단4687
사기
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A defendant shall be punished by imprisonment for four months.

except that 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

1. On June 12, 2012, the Defendant made a false statement to the effect that “If the Defendant lent KRW 5 million operating capital of ran tavern to the victim E, the Defendant would pay interest of KRW 500,000 per month, and make reimbursement without molding until September 30, 2012.”

However, in fact, the defendant did not borrow money from another person without any specific property at the time and did not pay the money from another person. Therefore, even if he borrowed money from the victim, he did not have any intention or ability to pay the money.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim as the borrowed money in the same place.

2. On June 2012, the Defendant made a false statement to the effect that “The Defendant would pay 60,000 won to the said victim for 4 million won,” at G Ga singran located in F in Seopo-si F.

However, the defendant did not have any intention or ability to repay the above even if he borrowed the money from the victim for the reason of Paragraph 1.

The Defendant, as such, by deceiving the victim, received 4 million won from the victim under the same place around that time as the borrowed money.

3. If the Defendant, around July 10, 2012, lent KRW 5 million to the victim at the same place as that set forth in paragraph (2).

7. From 20.0.00, one hundred thousand won per day shall be paid by making a deposit for 60-day.

The purpose was to make a false statement to the effect that "...."

However, the defendant did not have any intention or ability to repay the above even if he borrowed the money from the victim for the reason of Paragraph 1.

As such, the Defendant, by deceiving the victim, received KRW 4 million from the victim on July 13, 2012 as the borrowed money from the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police investigation of H concerning H;

1. Statement of each police statement of E;

1. Each instrument of borrowing;

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