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(영문) 수원지방법원 안산지원 2017.04.27 2016고단2047
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 6, 2011, the Defendant stated that “I will pay back immediately if I lend money to D, who is a workplace partner in Ansan-si, Seoul.”

However, in fact, the Defendant did not have any intent or ability to repay the borrowed money in accordance with an agreement, because the Defendant had been in arrears at the time of credit card payment and the repayment of the borrowed money by the lending company increased gradually, but there was no economic difficulty, such as there was no particular property.

Nevertheless, the Defendant obtained a total of KRW 84,000,000 from the victim to January 27, 2014, including that the Defendant received KRW 14,00,000 from the victim as a loan from the victim, i.e., a loan, from the victim, from the time to January 27, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. A list and a detailed statement of account transactions;

1. A detailed statement of transactions in passbook, a detailed statement of entry and withdrawal, and deposit details;

1. In the investigation report (credit information of the accused) (the accused and the defense counsel are aware of the credit standing of the accused at the time of the lending, and thus, the accused and the defense counsel could have predicted the risk of delay in repayment or impossibility of repayment in the future or could have sufficiently predicted, so that the accused's deception or fraud cannot be recognized.

However, the following circumstances acknowledged by the evidence of the judgment, i.e., (i) the Defendant was in an economically difficult situation at the time of borrowing as stated in the judgment (this point is recognized by the Defendant itself), and (ii) the Defendant paid a considerable portion of the borrowed amount up to the time before borrowing KRW 14 million on December 6, 201, as stated in the judgment, and appeared to be different from the loan after the above KRW 14 million.

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