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(영문) 수원지방법원 2018.04.12 2017고단4928
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is an agricultural products supplier who supplies general free of view, and the victim C is a wholesaler with general free of view.

As the Defendant had already been promised from December 2, 2010 to September 2012, 2012, for reasons such as failure to supply the general sense of responsibility to the victim, etc., the “amount equivalent to KRW 760 million” written indictment is deemed to be a clerical error, and thus, it is corrected.

There was a significant amount of debt.

On March 19, 2014, the Defendant is expected to pay the Defendant all together with the Defendant’s debt prior to the loan of money to the Defendant in the vicinity of the Si of Songpa-gu Seoul Metropolitan City.

If it is difficult to do so, he/she shall lend money to Na even if he/she lends money to another.

different types.

It shall be paid to the harvest metal Ga.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant had already borne the obligation close to 3 billion won at the time, and the victim had already borne the said large amount of obligation, and even if the victim received additional money from the injured party, there was no intention or ability to repay the money to the victim within a short period.

Accordingly, the Defendant deceiving the victim as above, and acquired total KRW 90 million from the victim to the Defendant’s agricultural bank account on March 19, 2014, KRW 20 million on March 21, 2014, KRW 5 million on April 4, 2014, KRW 15 million on April 7, 2014, KRW 10 million on April 30, 2014, and KRW 30 million on October 21, 2014, respectively.

Summary of Evidence

1. A protocol of examination of the suspect to the defendant under the legal statement of the witness C (including the statement of C);

1. Statement made by the police with regard to C;

1. C’s details of each account transaction, submission of evidentiary data, remittance details, settlement statement, settlement statement of shipment proceeds, nine copies of the transaction performance statement, transaction performance report, acceptance and Nonghyup account, credit information inquiry, additional copies of bankbooks, copies of passbooks, and application of Acts and subordinate statutes of the inquiry of transaction details;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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