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(영문) 수원지방법원 2018.01.19 2017고단6161
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant became aware of the victim D with the introduction of C while operating the Lee Dong-dong Center with the trade name B.

1. On March 2010, the Defendant presented to the victim a promissory note of KRW 100 million at the face value of F issuance of the corporation F in Suwon-si, Suwon-si, the Defendant stated that “The Defendant would lend a promissory note of KRW 30 million at the face value of the bill as security and pay interest on KRW 8,000,000 per annum and within six months with interest on KRW 8,000 per annum.”

However, the Defendant, without any particular property at the time, failed to pay personnel expenses and advertising expenses, etc., and operated this article center. Since the said promissory note was temporarily borrowed from G, the Defendant did not have any right to the face value of the promissory note, the Defendant did not have any intent or ability to pay such amount even if she borrowed money from the damaged party.

Nevertheless, the Defendant, as if he were to repay the completion within the time limit for repayment without any mold, made a false statement to the victim, and received cash of KRW 20 million from the injured party and acquired it by defrauded.

2. On January 11, 201, the Defendant stated that “I” operated by the injured party in Suwon-si H, Suwon-si, that “I will pay to the injured party in full six (6) months later, including, but not limited to, the shortage of attorney’s expenses at one time. If this is well available, the Defendant would make payment to the injured party in full after the eight (8) months later, including, but not limited to, the borrowed money.”

However, since the defendant did not pay personnel expenses and advertising expenses without any particular property at the time and had been difficult to operate this center, the defendant did not have any intent or ability to repay the money even if he borrowed money from the injured party.

Nevertheless, the Defendant, as if he were to repay the completion within the time limit for repayment without any mold, made a false statement to the victim, and received the cash of KRW 10 million from the injured party and acquired it by the defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the statements made by the prosecution against the defendant in the suspect interrogation protocol.

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