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(영문) 서울서부지방법원 2012.12.28 2012고단927
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around October 28, 2008, the Defendant: (a) stated that “A victim D is operating three child-care centers; (b) a child-care center is in operation; (c) it is necessary to lend money for the construction of the child-care center additionally acquired; and (d) the Defendant was granted KRW 10 million to the Defendant’s account at around that time.”

However, the defendant did not operate three child-care centers, but did not have an employee who received KRW 1,50,000 per month from E-operation Child-care Centers, and even if he did not have any special property, he did not have any intention or ability to repay the money within a short period.

As a result, the Defendant, by deceiving the victim and deceiving the victim about KRW 10,000,00,000, and instead of having no intention or ability to repay it over 19 times as shown in the attached crime list, deceiving the victim as if he did not have an intention or ability to repay it over 19 times, and acquired it as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and E respective legal statements, and the witness F's partial statement in court;

1. Each police suspect interrogation protocol regarding E;

1. The prosecutor's office and the police's statement concerning D;

1. Certificates of passbook payments, certificates of confirmation, statements of transactions in an automatic cash withdrawal machine, inquiries into the details of each liquidity transaction, each sheet of deposit transaction, statement of account transaction, copy of passbook (agricultural Cooperatives), statement of transaction by account, free savings account statement, cash service transaction statement (agricultural Cooperatives), cash service transaction statement (agricultural Cooperatives), statement of domestic approval by members (corporate bank, BC card), BC card statement, statement of payment (credit card), statement of transaction amount (credit card), statement of transaction amount (credit card), statement of loan transaction (credit card), statement of transaction amount (credit card), statement of transaction amount (credit card, one bankBS card), each book, cardbook, confirmation document (G, HG), past approval statement (BC card), and statement of transaction amount (credit card);

1. Investigation reports (to hear and report statements E).

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