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(영문) 제주지방법원 2015.12.08 2014고단1600
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 26, 2011, the Defendant made a false statement to the victim G (54 years of age) stating that “I will use money only for one month if I will lend money to the victim’s G (54 years of age) because I need to use the money at present.”

However, there was no intention or ability to pay money within a given period, even if the Defendant borrowed money from the victim because the Defendant was not only the bad credit standing but also the Defendant was at least 400 million won and the benefits were not paid properly.

The Defendant, as such, by deceiving the victim, received 20 million won on the day of borrowing from the victim under the pretext of borrowings.

2. Around December 5, 2011, the Defendant made a false statement to the victim that “I will use the borrowed money first and repay it together with the borrowed money, on the ground that there is a need to deposit the money with the gold collection company in the said place.”

However, the above facts did not have the intent or ability to repay the above within the given period even if the victim borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received 30 million won on the day of borrowing from the victim under the pretext of the borrowed money.

3. Around January 6, 2012, the Defendant made a false statement to the victim that “The Defendant would make a lump sum repayment, including the amount borrowed prior to the use of the money in question, where it is necessary to use the money in question.”

However, the above facts did not have the intent or ability to repay the above within the given period even if the victim borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 10 million on the day of borrowing from the victim under the pretext of the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I in each part;

1. The suspect interrogation protocol against the defendant 1.

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