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(영문) 의정부지방법원 고양지원 2018.01.31 2017고단3229
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around November 2015, the Defendant made a false statement that, around November 14, 2015, the Defendant would pay KRW 2 million to the victim D on the face of a loan of KRW 30 million to the victim D and the principal would be repaid in the month.

However, since the defendant was in bad credit condition at the time and did not operate his business in Gangnam, even if he borrowed money from the injured party, he did not have an intention or ability to pay the principal or interest to the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 30 million to the National Bank Account (F) in the name of Defendant E’s mother on November 15, 2015 from the victim who is affiliated therewith, as the borrowed money.

2. On December 2, 2015, the Defendant concluded that, at the H office located on the second floor of the Goyang-gu Seoul Metropolitan City G Building in Gyeyang-gu, Seoul Metropolitan City around December 2, 2015, it is necessary to pay money because he/she calls to the victim D and takes responsibility for the victims who believed that he/she had been placed at the website’s account, and that he/she should be held responsible for those who have been believed to have been placed at the website’s account, and that he/she will make payment in full by adding up to KRW 30 million already borrowed after two months or three months after lending KRW 50 million.

However, since the defendant was in bad credit condition at the time and was not operated on the horse site, even if he borrowed money from the injured party as described in paragraph 1, it was thought that it was used as living expenses, etc., and there was no intention or ability to pay the principal or interest to the injured party.

Nevertheless, the defendant deceivings the victim as above and transferred 50 million won to the account as stated in Paragraph 1 as the borrowed money from the victim on the same day.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the interrogation of the suspect against the defendant (D.);

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