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(영문) 서울중앙지방법원 2016.11.29 2016고단6466
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. On July 31, 2013, the Defendant concluded that, at the victim D’s house located in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Seoul, the Defendant would have made a false statement to the effect that “The Defendant would pay KRW 60 million, including the interest of KRW 5 million, if the Defendant lent KRW 55 million operating funds to the victim, who is operating a private teaching institute at Gangnam-gu, Seoul, and would invite a lusent instructor with the preparation for the special school course.”

However, there was no intention or ability to repay the money even if it was borrowed from the above, since the fact had already been borne by a large number of debts.

The Defendant, as such, by deceiving the victim, received KRW 55 million from the victim’s father E account under the pretext of borrowing money.

B. On April 14, 2014, the Defendant concluded that, at a coffee store where it is difficult to know the trade name in ancient cities, the Defendant provided that, “If the said victim is well aware of the head of the FF organization logistics transport business, and paid KRW 30 million, the Defendant would return KRW 30 million to the H coffee store within the Hack G service area located at the Gyeong Highway D G service area operated by the F organization, and the Defendant would return KRW 30 million if he/she became aware of the sales by June 14, 2014.”

However, even if the above money has been received, it was thought that it will be used to repay other level of debt, and there was no intention or ability to sell the victim to the coffee store for rest.

As such, the Defendant, by deceiving the victim, received cash KRW 30 million from the victim under the pretext of the sales cost.

Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits of KRW 85 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the defendant (including D's statements)

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes on transactions in each passbook, promissory note, and loan repayment agreement;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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