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(영문) 인천지방법원 부천지원 2017.08.18 2016고정1064
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant around January 201, 201 at the "D' office for the operation of the defendant located in Gangnam-gu Seoul Metropolitan Government," and the victim E due to his/her marrious funds.

The purpose is to commit suicide and to commit suicide.

I see that it is convenient for others to lack of cash. If you loan 20 million won to South Korea, there is a problem in the internal business by other people.

In misunderstanding, small amount of money may be borrowed, and when completing a hotel in Gangwon-do, the amount of money borrowed within 2-3 days may be repaid.

“A false representation was made.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Around January 27, 2011, the Defendant was delivered KRW 20 million to the account in the name of Han Bank (G number) in the name of his/her father F, around January 27, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the protocol of public trial;

1. Part concerning the statement of H in the second police interrogation protocol against the defendant

1. The defendant and his defense counsel asserted that the defendant's entry into and departure from a bank (the defendant and his defense counsel did not directly lend money to the victim, but did not request the defendant to offer money to I and H as the defendant requested to pay the defendant's debt and paid the defendant's debt. Thus, the defendant's deception does not mean that the defendant was not deceiving.

In full view of the following circumstances revealed through health care units and evidence, it is sufficiently recognized that the defendant lent money to the victim in spite of his/her intent and ability to repay as stated in the facts constituting a crime and borrowed money from the victim. Therefore, the above assertion is rejected.

① The victim testified that he borrowed money from the Defendant upon the Defendant’s request for a direct loan of money, and H also made a statement corresponding to this.

(2) The defendant himself/herself has a claim against I or H.

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