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(영문) 대전지방법원 논산지원 2014.08.26 2014고단318
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On November 15, 2010, the Defendant made a false statement to the victim D, stating, “If the Defendant lends money for business funds to the victim D, he/she will pay interest on the third part of the month.”

However, the Defendant was a person with bad credit standing since 2007. Since around 2009, the Defendant borrowed money from other persons without any particular capital and used it as a living expense of the Defendant. However, the Defendant had no choice but to repay the debt in the so-called “debrising” form due to insufficient funds to cover the repayment of the principal and interest. In addition, even though the Defendant attempted to repay the existing debt with the said main income by opening the “EM” around February 201, 201, the Defendant did not have any intent or ability to repay the debt even if it borrowed money from the victim, the Defendant did not have any intent or ability to repay it.

The Defendant received 5 million won from the victim to a new bank account in the name of F used by the Defendant, and acquired 363,770,520 won in total from July 28, 201 to April 12, 201, as stated in the annexed crime list, from the victim 6 to April 12, 201.

2. Around May 2013, the Defendant acquired one smartphone owned by J and one smartphone owned by K, and one smartphone owned by K, which he stolen from G in Dongjak-gu Seoul Metropolitan Government, in order to dispose of it, with the knowledge that it is a stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol regarding I;

1. Each statement made by the police officer on D, L, and M;

1. A statement of the N Certification;

1. Each complaint, a copy of a promissory note, a transfer certificate, a statement of account transactions, a statement of account use, a copy of each passbook, a copy of a summary order, a copy of each investigation report (Articles 4, 92, and 99 of the prosecution investigation records), a copy of each cell phone photograph, or the application of video-related Acts and subordinate statutes 1.

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