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(영문) 서울서부지방법원 2016.10.26 2015고단2053
사기
Text

A defendant shall be punished by imprisonment with prison labor 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

【Criminal Power】 On August 28, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court, and the said judgment became final and conclusive on September 1, 2014.

【Criminal Facts】 On December 2, 2013, the Defendant made a false statement that he/she would make payment 15 days after he/she lent 14 million won to the victim C by phoneing at a place in which he/she was not in place.

However, the fact is that the property owned is consumed in relation to the development project of the safe housing site that was previously promoted, and since August 2013, the Busan Southern-gu D project was promoted, but the land was not yet purchased, and there is only an uncertain plan to pay the purchase price with the PF loan, and there is no intention or ability to carry out the project, and there is no other specific property or income, and there is no intention or ability to pay it from the victim even if it is borrowed money from the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 14 million from the victim’s bank account (F) in the name of the Defendant’s child on the same day from the victim, under the name of the Defendant, and received KRW 14 million from around that time to May 9, 2014, and received KRW 80,11 million in total on seven occasions as indicated in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C (G), H and I;

1. The statement of each part of the protocol of interrogation of suspect against the accused in the prosecution (including the whole part of the statement in H and C (including the whole part));

1. Protocol of each police statement about C (G before the opening of name) and H;

1. Previous Records: Criminal history records, etc. inquiry reports (Attachment to the case inquiry), investigation reports (Attachment to the case inquiry), the accused of the judgment and the defense counsel, and the accused of the judgment and the defense counsel do not have any fact of receiving KRW 20 million a year from the victim, and they correspond to the fact of borrowing the remainder of the money from the victim, but they have the intent and ability to repay at the time, and the defendant's business is difficult.

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