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(영문) 수원지방법원 안산지원 2018.06.22 2017고단3062
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who borrowed and has not repaid the sum of KRW 52 million from June 2000 to August 2003, 2000 from the victim E to the victim’s 20 years.

On March 12, 2012, the Defendant created a trade name “F”, which sells scrap iron, at a mutual influent restaurant in Gyeyang-gu, Incheon, Gyeyang-gu.

If the purchase price of the scrap metal is KRW 5 million on two (2) interest per month, it is intended to resell the scrap metal within 2-3 months and make payment by combining the profits with the borrowed money of 10 years prior to 10 years.

The phrase “ makes a false statement.”

However, in fact, the Defendant had been running the existing scrap metal company, and was responsible for KRW 470 million to the neighbors. At the time of the Defendant’s office’s monthly income and KRW 200,000,000,000 was not good economic conditions to the extent that it was not adequate for the Defendant, and F was a company with no actual results in the transaction performance of the company “H”. Therefore, even if the Defendant borrowed the purchase price of the scrap metal from the injured party, the Defendant did not have any intent or ability to pay the loan by selling the scrap metal.

Defendant deceiving the victim as above and received cash of KRW 15 million from the injured party on the same day as the purchase price for scrap metal on the same day, and from that time, the Defendant obtained a total of KRW 49,80,000 from August 2, 2012, as shown in the List of Crimes, from August 2, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A detailed statement of transactions and a copy of passbook;

1. A copy of the process deed [the defendant and his defense counsel claim that the defendant received a total amount of KRW 49.8 million from the injured party at the time did not have any criminal intent to commit fraud or deception, so the following circumstances, which are acknowledged by the evidence duly adopted and investigated by this court, are as follows:

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