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(영문) 의정부지방법원 고양지원 2016.09.30 2016고단1677
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 2008, the Defendant would pay the victim E “D” on the seventh floor of the Seoyang-gu Seoul Special Metropolitan City, Seoyang-gu, Seoyang-gu, Seoul Special Metropolitan City for the payment of eight-minutes of money to the victim E. In the future, the Defendant would pay the time limit money to be paid to B in advance, and then will pay the money to B in advance, and then pay 39 million won in advance.

“False speech was made to the effect that it was “.”

However, in fact, the defendant decided to pay the above fraternity to F preferentially, and there was no intention or ability to repay the above fraternity even if he borrowed the money from the damaged party due to the circumstances in which G bears the debt.

The Defendant obtained a total of KRW 30 million from April 27, 2008 to January 20, 201 from the injured party and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police for E;

1. The accusation statement, each receipt, transaction details, each investigation report (including evidence No. 13 and 14 of the evidence, attached documents) / [including evidence No. 13 and 14 of the evidence] / The defendant received money from the injured party before receiving money from the credit holder, and the defendant received the remainder of money after deducting the defendant's existing obligation and future payment from the credit card overdue, etc., and the defendant received the money from the victim and received the money from the victim to the victim for the settlement of the above obligation even if he did not pay the money in the future, and it is anticipated that part of the money will be appropriated for the repayment of the above obligation. However, even if he did not pay the money in the future, it is sufficient to accept the money from the victim for the settlement of the above obligation.

Defendant’s assertion.

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