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(영문) 대전지방법원 2016.09.02 2016고정330
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 201, the Defendant sent KRW 2,00,000 to the victim E at a “D” restaurant located in Daejeon-gu Daejeon-gu, Daejeon-gu, to the victim E for dealing with subscription to pension savings and insurance.

However, even if the defendant receives money from the victim, he did not have the intention or ability to accept the victim's insurance coverage.

On October 31, 201, the Defendant, by deceiving the victim as such, received 2 million won from the victim to the account under the name of the Defendant and acquired it by defrauded.

2. On May 2013, the Defendant made a false statement to the effect that “The Defendant would receive a loan from a capital-free vehicle as security with money borrowed from a vehicle-free vehicle to the victim at the victim’s domicile located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) at the victim’s domicile.”

However, even if the defendant borrowed additional money to the victim, he did not have the intent or ability to repay the borrowed money.

As such, the Defendant, by deceiving the victim as such, borrowed a sum of eight million won from May 16, 2013 to June 26, 2013, as shown in the List of Offenses, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G (the testimony of witness E is consistent and specific, and credibility is recognized in line with other evidence, such as the statement of witness G, the details of passbook transactions, and the register of automobiles);

1. Part of the statement of the police officer's statement against the defendant (the part of the statement that the defendant did not have any means to repay money to the victim because of a difficulty in living at the time of receiving KRW 2 million and borrowed KRW 8 million with H to the effect that there was no means to repay money other than the marriage with H to the effect that he did not have any means to repay money)

1. Written complaint, details of passbook transactions, register of automobiles;

1. The application of the Act and subordinate statutes to investigation reports (the details of payment of installments of I.D.), investigation reports (the details of payment of suspect's benefits, and accompanying bank transaction statements).

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