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(영문) 청주지방법원 충주지원 2018.04.18 2017고정268
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From the end of July 2015, the Defendant subscribed to the 2nd unit of No. 2 and No. 3 of 10 million won among the 10th unit of the 10th unit of the 10th unit of the 10th unit of the victim B, and decided to pay a total of KRW 13,050,000 per month for ten months from that time until the end of April 2016, and paid KRW 4,220,000 per month by the end of October of the same year.

However, the defendant, by paying only a part of the amount, did not have the intention or ability to pay the money from the beginning, only for the purpose of raising the money with the highest preference as if he had the ability to pay the money.

The Defendant, as such, by deceiving the victim, received an amount of KRW 10 million in total from the injured party on August 1, 2015 and the end of September, 2015, and did not pay KRW 8830,000 in total,00,000,000 in total, from the injured party, and did not acquire property benefits equivalent to that amount.

Summary of Evidence

1. The defendant's partial statement (as stated in its holding, the purport that he/she did not pay the remainder of 8830,000 won after taking part in the fraternity operated by the injured person and taking part in the fraternity);

1. Statement made by the police against B;

1. The defendant asserts that he did not have any intention to commit fraud on the ground that he did not pay the fraternity amount (the defendant's statement hearing of the suspect) [the fact that he did not pay the fraternity amount but did not enter the beginning with the intention of deceiving the victim.]

However, according to the above evidence and the written investigation of the suspect in the police interrogation protocol against the defendant, the defendant borrowed KRW 50 million in order to open a restaurant at the time of July 2015, which the defendant had joined the fraternity, and paid KRW 2 million per month as average interest. The net income after the payment of interest was made as a result of a monthly profit of KRW 3 million in the above restaurant, and the amount of interest was exceeded KRW 1,00,000 per month. The amount of monthly payment to be made by the defendant was paid by KRW 1,305,00 in excess of the above net income, and the defendant shall pay the money to the defendant.

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