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Reasons
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(영문) 춘천지방법원 강릉지원 2016.11.09 2016고단872
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 25, 2013, the Defendant concluded on July 25, 2013 that, in front of the victim D’s house located in Gangseo-si, Gangnam-si, the Defendant would lend the victim KRW 9.6 million, excluding the advance payment and KRW 400,000,000,000 to the victim, that the Defendant would pay the principal within KRW 1 and 2 months.

However, the Defendant did not have any specific property, but did not have any ability to pay the said money from the victim, so even if he borrowed the money from the victim, the Defendant did not have any intent or ability to pay the said money.

As above, the Defendant deceivings the victim, and thereby acquired 9.6 million won from the victim on the same day, and acquired it by fraud.

2. On December 31, 2013, the Defendant: (a) made a false statement to the effect that the Defendant would pay the said money to the victim D on December 31, 2013 at a mutually influent restaurant located in Gangseo-si, Gangnam-gu; and (b) that “I will pay the said money to the victim D, with the exception of the advance interest of KRW 19 million,00,000,000,000,000,000,000,000,000 won entered; and (c) that I would pay the said money by January 28, 2014.”

However, as mentioned in the above 1.1., the Defendant was liable for a large amount of debt, and was prevented from lending money from returning money from other persons, so even if the said money was borrowed from the victim, the Defendant did not have the intent or ability to pay the said money at the time.

As above, the Defendant, by deceiving the victim as above, obtained KRW 19 million on the same day from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of examination of the accused by the prosecution (including the sub-examination part of D);

1. Grade D among the interrogation protocol of the police against the accused;

1. Statement made to D by the police;

1. A complaint;

1. A copy of each certificate of borrowing, a deposit without passbook, a written confirmation, a copy of each passbook, and a book of accounts;

1. An investigation report (in addition, a decision of non-prosecution relating to the limits that existed until April 26, 2014).

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