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(영문) 서울서부지방법원 2015.05.13 2014고단3179
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 5, 2012, the Defendant: (a) around October 5, 2012, within the scope of “E,” “E,” lapsed by the Defendant’s daughters in Mapo-gu Seoul Metropolitan Government,” and (b) the Victim F, “I wish to have his/her daughters carry out funeral services.” (c) If I want to have his/her dependants carried out things, I borrowed money, I would like to have his/her husband and wife carry out the funeral services, and (d) the principal would have been repaid in several installments.”

However, the defendant was registered as a person with bad credit standing in 2000 as a joint and several debt of KRW 150 million for a person with bad credit standing in 2000, and there was no special property or income, and there was no intention or ability to repay the money from others at time even if it was borrowed from others.

Nevertheless, the defendant was given three million won in cash from the victim's seat as a loan.

In addition, the Defendant received a total of 3,8750,000 won from around that time to December 5, 2012 as shown in the list of crimes in attached Form 12 times, as a total of 12 times.

Accordingly, the defendant, by deceiving the victim, received the property and acquired it.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of witness F in the second protocol of the trial;

1. Each loan certificate, a copy of a note, and a statement of account transactions;

1. A copy of the purport of claim and the application for modification of cause of claim, a copy of each written brief, a copy of fact confirmation, and a copy of register;

1. The judgment of civil trial (2013No. 26411) [the defendant asserts that there is no fact that he borrowed from the defendant as to No. 5 or 11 of the annexed list of crimes. Therefore, the defendant's above assertion was rejected in the related civil cases, namely, the following circumstances acknowledged by each evidence of the judgment, i.e., the defendant's assertion in the related civil cases. The above judgment became final and conclusive in the first trial, and the defendant recognized all the facts charged in this case by the prosecutor's office, the above argument of the defendant is rejected

1. Criminal facts;

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