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(영문) 수원지방법원 2017.08.24 2017고단3248
사기
Text

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

Reasons

Punishment of the crime

[criminal records] On November 15, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, such as computer, at the Suwon method, and on July 30, 2014, the period of parole passed on October 12, 2014 while the sentence was executed by a medical prison.

[Criminal facts]

1. The Defendant, on January 13, 2015, informed the victim C of a lending company at the instant coffee shop in front of his/her active duty issues located in the Nam-gu Incheon Metropolitan City, Nam-gu. On January 13, 2015, he/she would return the Kimchi factory in China, if the funds for the operation of the Kimchi factory in China need to be loaned and lent KRW 6 million.

“.....”

However, in fact, the Defendant did not have any intent or ability to pay money to the injured party even if he borrowed business funds from the injured party, because the Defendant had a personal debt worth KRW 20 million at the time and was thought to be used for other purposes even if he received money from the injured party.

The defendant deceivings the victim as above and acquired 6 million won in cash from the victim on the same day under the name of the same day.

2. The Defendant, on March 31, 2015, called the victim C on or around March 31, 2015, and called the victim C to lend KRW 1,50,000,000 to the head of the party room because he/she was unable to repay the borrowed money from the lending company. The Defendant would be able to fully repay the borrowed money to the party room by lending the borrowed money from the lending company.

“.....”

However, in fact, the Defendant had no intention or ability to pay money in return, even if he/she borrowed money from the injured party, because he/she had been liable for the personal debt amounting to KRW 20 million at the time and had previously used money for any other purpose.

The defendant deceivings the victim as above and acquired 1.5 million won from the victim to the account in the name of the defendant under the name of the victim on the same day.

Summary of Evidence

1. Entry of each statement of the defendant and C in the protocol of interrogation of the suspect against the defendant by the prosecution (Provided, That this shall not apply.

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