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(영문) 춘천지방법원 영월지원 2014.11.14 2014고단339
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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 January 31, 2012, the Defendant, in relation to the operation of the pawned Hall, told the victim B to “If operating funds are lent to operate the pawned Hall, 15% per month shall be interest.”

However, even if the defendant received money from the victim, he did not have the intention or ability to pay the principal or interest because he was scheduled to use it for gambling on the Internet.

Nevertheless, the Defendant received KRW 8 million from the victim as the borrowed money in the above false language.

The Defendant, from that time to April 10, 2013, by deceiving the victim as shown in attached Table 1, and received a total of KRW 62,30,000 through eight times.

2. A fraud related to recovery of claims said that, around May 8, 2013, the Defendant: “Around May 2013, 2013, the Defendant borrowed money from the victim to receive the repayment of the unpaid amount of money.”

However, the Defendant did not have any intention or ability to repay the borrowed money, as the Defendant intended to use the borrowed money as an Internet gambling even if he did not have the possibility of repayment and received the money from the victim.

Nevertheless, the Defendant received 300,000 won from the victim as a guard in the above false statement.

The Defendant, from that time to August 30, 2013, by deceiving the victim as shown in attached Table 2, and received KRW 20,280,000 in total over 16 times.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on loan certificates, deposit certificates, details of transactions in accounts, and account transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;

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