(영문) 수원지방법원 2016.02.17 2015고단5434

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(영문) 수원지방법원 2016.02.17 2015고단5434

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 2, 2015, the Defendant made a false statement to the effect that “Around January 2, 2015, the Defendant would take over D’s singing holes” to the victim C at the mutual influorial restaurant located in Pyeongtaek-si, Gyeonggi-do, and the Plaintiff would pay KRW 50,000,000 per month for the loan of KRW 50,000 as the acquisition fund falls short of KRW 50,000 per month and pay KRW 5,000 per month.”

However, even if the Defendant borrowed money from the injured party, it was thought that he would use the money for the purpose of repaying his obligation to others rather than the money received by singing alone. At the time of bad credit standing, the Defendant had been liable for 200 million won or more to others. At the time of the Defendant’s income, the Defendant did not have any intent or ability to pay the money within the agreed date.

Nevertheless, on January 6, 2015, the defendant deceivings the victim as above and took over KRW 50 million through the bank account of the defendant Cho Jong-man, the defendant, the defendant, through the bank account of the defendant Cho Jae-man, from the victim.

On November 18, 2013, the Defendant made a false statement to the effect that “Around 2015, the Defendant would make a repayment without a mold 2-3 months after lending KRW 10 million to operate the sidewalk again,” and the lease contract will be made in the name of the victim.”

However, in fact, the Defendant did not have any special property and did not have the ability to repay the borrowed money within the agreed period due to the lack of 100 million won or more, and there was no intention to allow the contract for the lease of the office in the news report room

On November 18, 2013, the Defendant received from the injured party the remittance of five million won from the account under the name of the Defendant’s Hah, and five million won from the account under the name of the I around the 21st day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement by the police in relation to C and G;

1. Certificates of process, certificates of Internet banking transfer;

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