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Reasons
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(영문) 대전지방법원 홍성지원 2019.01.23 2018고단644
사기
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 2016, the Defendant: (a) stated that “The Defendant would receive and repay the borrowed money from the victim D operated by the victim C in Hong-gun, Hong-gun, Hong-gun.”

However, at this time, the Defendant did not have any intent or ability to receive the loan and to pay the loan to other creditors because the debt to other creditors exceeds the debt amount of 30 million won.

Ultimately, the Defendant, as such, by deceiving the victim, received a total of KRW 10 million from January 2016 to April 25, 2016 from the victim in cash.

2. Around March 5, 2016, the Defendant: (a) stated in the foregoing D that “A victim C shall subscribe to the two successful bid accounts and pay the fraternity in full if he/she pays the fraternity.”

However, the defendant did not have the intention or ability to pay the fraternity after he joined the fraternity operated by the victim.

Ultimately, the Defendant, as seen above, was accused of the victim, and was issued KRW 15.8 million around May 5, 2016, and KRW 19.75 million around January 5, 2017, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions of the accused and suspect interrogation records of the police;

1. Statement to C by the police;

1. A certificate of borrowing money;

1. List of members of the fraternity;

1. Comprehensive credit report [the defendant and his defense counsel are denying criminal intent by asserting that the defendant was fully aware of his/her intent and ability at the time and merely failed to repay the defendant for ex post facto reasons such as the suspension of business or sales depression of the defendant's operating establishment (E). However, despite the express request of this court as well as the investigation agency, objective data supporting the above claim (if any, it appears that the defendant can easily obtain them if any) can be easily obtained;

. All.

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