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(영문) 대전지방법원 공주지원 2018.02.09 2017고단434
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

1. The relevant Defendant is a letter of apologyd with the victim B from March 2016 to December 2016. From July 14, 2016, the Defendant committed the crime at the victim’s home located in Gangnam-gu Seoul, Gangnam-gu and 502 around July 14, 2016, the Defendant may receive interest of KRW 2.5 million per month from the victim’s receipt of money.

B. I will pay D money to D with the payment of the money.

Since other persons can give money first to D, they will promptly prepare for money. The principal will be guaranteed.

The phrase “ makes a false statement.”

However, at the time, the Defendant was planning to gambled with the amount of money received from the injured party in excess of his/her obligation due to gambling, so even if he/she received money from the injured party, he/she did not have the intent or ability to pay interest of KRW 2.5 million per month to the injured party, or to return the principal amount of KRW 45 million per month.

Nevertheless, the defendant deceivings the victim as above and acquired 45 million won by transfer from the victim to the SC Il Bank passbook (E) in the name of the defendant on the same day.

3. On October 23, 2016, the Defendant, at the place indicated in paragraph 2 of around October 23, 2016, will purchase benz C200 automobiles to the victim for a daily gift.

It is scheduled to purchase KRW 40 million, and if it is lent KRW 10 million, it will be repaid as money after purchasing the said vehicle.

The phrase “ makes a false statement.”

However, at the time, the Defendant was planning to gambling with the money received from the injured party in excess of his/her obligation due to gambling, so even if he/she received money from the injured party, he/she did not have the intent or ability to repay the said money after purchasing the said car.

Nevertheless, the defendant deceivings the victim as above and acquired the amount of KRW 10 million from the victim to the passbook 2 as the same day on the same day.

Summary of Evidence

1.

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