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(영문) 수원지방법원 안산지원 2019.05.15 2019고단424
사기
Text

A defendant shall be punished by imprisonment for six 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. Around December 7, 2017, the Defendant made a false statement to the victim B, stating, “The Defendant is forced to pay 700,000 won interest to the victim who received goods from the factory because there is no money to do so.”

However, the Defendant was thought to use the credit card payment, personal debt repayment, living expenses, etc. from the victim, and there was no particular property at the time. From November 2017, even if the Defendant borrowed money from the victim, such as credit card payment, savings bank loan, etc. from the victim to the situation of delinquency, there was no intention or ability to repay it.

The Defendant, by deceiving the victim as such, received 10 million won from the victim to the account under the name of the Defendant, and acquired it by fraud.

2. Around December 27, 2017, the Defendant made a false statement to the victim B, stating, “When there was an urgent time, whether or not to lend money more or not, and to the extent of one month including lending at a time.”

However, the Defendant was thought to use the credit card payment, personal debt repayment, living expenses, etc. from the victim, and there was no particular property at the time. From November 2017, even if the Defendant borrowed money from the victim, such as credit card payment, savings bank loan, etc. from the victim to the situation of delinquency, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 4.5 million won from the victim to the account under the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. To close a specification of transactions, copies of bankbooks, and C remittances, and text messages between complainants and suspects;

1. Data on the results of credit inquiry of the suspect;

1. The investigation report (the investigation of prices for articles against the suspect), investigation report (the confirmation of the details of obligations against the suspect at the time of the case), investigation report (the hearing of statements from the witness - details of civil litigation related to the suspect), etc.

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