(영문) 서울중앙지방법원 2014.09.24 2014고정48

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(영문) 서울중앙지방법원 2014.09.24 2014고정48

사기

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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 28, 2010, the Defendant against the victim C made a false statement to the effect that “The Defendant would repay the money to the victim without recourse until June 16, 2010, on the grounds that the Defendant did not have any intent or ability to repay the money under the pretext of the loan from the victim C, while the Defendant did not have any intent or ability to repay the money to the victim. It is necessary to pay the money to the victim. The Defendant would make a false statement to the victim that “The money will be repaid without recourse until June 16, 2010 on the loan of KRW 3 million.”

As above, the Defendant, by deceiving the victim, received 2.7 million won as a loan from the victim after deducting the interest from the victim’s seat.

2. On June 1, 2010, the Defendant against the victim D was at the office located in the 1st floor of the building in Ansan-gu, the fact that the Defendant had no intent or ability to provide guidance by operating the normal system even if he received the money from the victim D for the purpose of fraternity deposit, and the victim did not have an intent or ability to provide guidance. The Defendant subscribed to the fraternity as a member. The amount of guidance shall be paid KRW 850,000 on 10 days, and one million on 10,000,000 won shall be paid on 10,000 if he/she was out of the fraternity. It is false to the effect that “If he/she did not receive the fraternity by October 10, 2010, he/she may receive a total of KRW 150,000,000.”

As above, the Defendant, by deceiving the victim as above, received 850,000 won from the victim, i.e., 850,000 won from the victim, via the bank account in the name of the F on June 11, 2010, and received 8,50,000 won in total at the coffee shop in Gangnam-gu, Seoul, Seoul, on June 21, 2010, and received 2,550,000 won in total on three occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each part of the police's protocol of interrogation of the accused (including the statement in D)

1. Statement made to D by the police;

1. Some of the written statements of the defendant;

1. The name of F;

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