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(영문) 수원지방법원 2018.11.29 2018고단2289
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 2016, the Defendant would pay back to the victim B with “I am able to pay off if I am able to be able to use funds for the car-based business.”

The phrase “ makes a false statement.”

However, at the time, the Defendant was unable to engage in the casino business of the Defendant’s operation and was expected to have suffered a large amount of profit by entering the casino business into the sexual water season since September, and it was uncertain whether to gain profit therefrom. On the other hand, the Defendant did not have any specific property, but did not have any intent or ability to repay the above money even if the Defendant borrowed the above money from the damaged person with a liability exceeding eight million won, such as the amount in arrears and the amount in arrears with credit card payment.

The Defendant, as above, received the sum of KRW 36,290,000,000,000 on August 1, 2016, 2016, KRW 10,290,000,000,000 on August 12, 2016, and KRW 16,000,000 on September 29, 2016, from the victim to the D account under the name of the Defendant, which is the mother of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for B and E;

1. The details of each bank transaction, the details ofF dialogues, and accompanying photographs;

1. Investigation report (the president's currency related to golf course membership), investigation report (the results of inquiry into personal credit information of a suspect A), investigation report (the testimony of a witness I) (Judgment on the assertion of the defendant and his/her defense counsel);

1. The summary of the argument is that the Defendant was unable to repay each of the instant loans due to the following: (a) a sudden suspension of business against the Republic of Korea authorities in the Republic of Korea; and (b) a situation in which the president of the K Group, a casino owner, was unable to escape abroad; and (c) there was an intent to repay each of the instant loans and the money invested in the J was not less than one billion won; and (d) the Defendant did not have the intent to acquire money by deception.

2. In full view of the following circumstances known by each of the above evidence, it can be sufficiently recognized that the Defendant has a criminal intent to obtain fraud.

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