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(영문) 수원지방법원 평택지원 2019.05.31 2019고단231
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

From February 12, 2017, the Defendant issued KRW 24,302,250,000 from that time to February 27, 2017, a sum of KRW 24,302,250, as indicated in the list of crimes in the attached Table, to the victim AG, stating, “AG shall lend money to another person at the time of lending of money. If the Defendant borrowed money, the principal shall be paid and the principal shall be repaid immediately.” In addition, the Defendant received KRW 5,90,250 from the victim’s cash withdrawal period located near AH on February 12, 2017.

However, the Defendant did not have any particular property at the time of lending money from the victim, and the Defendant owed a large amount of debt due to the operation of the inner clothes shop operated by the Defendant, etc., and the Defendant paid the money borrowed from the victim to the existing obligees and repaid the debt in the form of so-called “defacing” to repay the money from another person. Around that time, there is little possibility that the Defendant would receive the money due to the unpaid payment of the money due to the repayment of the money due to the withdrawal or death of the fraternity. Thus, even if the Defendant borrowed money from the victim, the Defendant did not have the ability to repay the money.

Accordingly, the defendant deceivings the victim, and obtained a total of 24,302,250 won from the victim, thereby deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness AG;

1. A copy of the bankbook;

1. Some statements made by the police and the prosecutor's office (including the second interrogation protocol) on the accused;

1. A copy of account transaction statement;

1. Application of Acts and subordinate statutes to investigation reports (Evidence No. 189 pages);

1. The reason for sentencing under Article 347(1) of the Criminal Act that the victim wants to punish the defendant since the damage of this case was not recovered, and the defendant wants to be punished.

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