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(영문) 청주지방법원 2012.10.17 2012고단1734
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 September 2009, the Defendant: (a) stated that the “D Cosmetics Agency” in the “D Cosmetics Agency” operated by the Defendant himself/herself for the use of the victim’s money that he/she works for the first time, provided that if only KRW 0,000,000,000, the Defendant would be obliged to pay the money to the Defendant as the time of the extension; (b) however, the Defendant did not have to pay the money as above; and (c) did not have to pay the money as the time of the extension; and (d) did not have any intention or ability to pay the money, even if he/she borrowed money from the victim, the Defendant did not have any intention or ability to pay the money.

Nevertheless, around September 7, 2009, the Defendant, by deceiving the victim and relianceing on it, received KRW 10 million from the Agricultural Cooperative Account (Account Number: E) in the name of the Defendant, and acquired KRW 20 million in total from the same account as the next day.

2. On November 201, 201, the Defendant against the victim F made no money to the victim from the Cheongju-si G to the Cheongju-si, and from H to the effect that “I would have to exercise the right of payment due to economic difficulties.” However, if I lend money, five additional interest shall be paid, and the principal shall be repaid within two months,” the Defendant had no intention or ability to make a full payment, even if I have borrowed money from the victim.

Nevertheless, the Defendant, as such, by deceiving the victim as such, obtained KRW 5 million from the victim who believed it on November 20, 201, and obtained KRW 4.5 million from the victim on November 20, 201, and acquired KRW 9.5 million in cash in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Investigation report (I telephone investigation of a witness);

1. Application of the Acts and subordinate statutes of a letter of payment, statement of passbook transaction (Evidence List 3)

1. Relevant Articles of the Act concerning the facts constituting the crime;

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