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(영문) 서울동부지방법원 2015.05.28 2014고단2146
사기
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On January 23, 2013, the Defendant made a false statement to the victim D that “If the construction work is in progress in Indonesia, if the construction price falls short of KRW 45 million, the Defendant would pay KRW 60 million after a month.”

However, since the defendant had no property at all at the time, it was possible to pay the advance payment to the victim, but it was unclear whether to receive the advance payment from February 28, 2013, which was after the month.

The Defendant, by deceiving the victim as such, received KRW 45 million from the victim as the borrowed money on the same day.

2. On March 29, 2013, the Defendant made a false statement to the said victim D, stating, “If the Defendant wishes to receive advance KRW 4.2 billion from the bank to Indonesian Corporation, he/she shall receive the advance payment securities. If, as a result of an agreement with the bank, he/she borrowed KRW 200 million as a result of the agreement with the bank, he/she would receive the advance payment securities and receive the advance payment from April 30, 2013, and then, he/she would repay KRW 360,000,000,000,000, including KRW 45,000,000,000 from April 30, 2013.”

However, at the time, the Defendant received the last notification from the ordering office to submit advance securities until April 1, 2013, and even if he borrowed money from the victim at the same time, there was no intention or ability to use it as the cost of issuing advance securities.

The Defendant, by deceiving the victim as such, received KRW 100 million around March 29, 2013 and KRW 100 million around April 1, 2013 from the victim as the borrowed money.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses D in the second protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. A copy of a certificate of cash borrowed, each certificate of borrowing;

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