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(영문) 창원지방법원 마산지원 2018.01.09 2017고단1054
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 2014, the Defendant made a false statement to the effect that “The Defendant shall pay KRW 100 million to the head office of the automobile leasing agent he/she operates, but he/she shall pay it immediately if lent.”

However, the Defendant was thought to invest KRW 50 million in E’s illegal gambling operation business from the damaged party, and even if he borrowed money from the damaged party, he did not have the intent or ability to repay it even if he borrowed money from the injured party, such as lending credit loans to Hanam, Samsung Card Co., Ltd., and bearing credit card use obligations.

Around June 24, 2014, the Defendant, by deceiving the victim and deceiving the victim, received KRW 100 million from the national bank account (Account Number:F) in the name of the Defendant under the name of the victim, from the victim, through the money borrowed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A certificate of transaction confirmation;

1. List of personal rehabilitation creditors;

1. Details of each transaction;

1. Investigation report (report on attachment of a summary order related to the suspect), investigation report (report on attachment of the text of the judgment), summary order attached thereto, application of statutes of the judgment;

1. Determination as to the assertion of the Defendant and his defense counsel under the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts

1. The alleged victim did not borrow money by deceiving the use of the alleged victim, and had the intent and ability to repay money at that time.

2. In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court, the Defendant borrowed money from the damaged person as stated in the facts constituting the crime even though the Defendant had no intent and ability to repay.

It is reasonable to view it.

A. The victim is a certain amount at the head office in preparation for various accidents, as the defendant seems to have operated a vehicle leasing agency in the investigative agency and this court.

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