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(영문) 서울중앙지방법원 2013.11.28 2013고단6010
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around November 2007, the Defendant was working as a building guard who received one million won monthly wage, and there was no other revenue or property, and the monthly wage was a lux that could cover the interest on the monthly rent and bank loans. The Defendant was registered as a bad credit holder in the amount of 80 million won, and thus, there was no intention or ability to repay the said amount even if he borrowed money from others.

1. On November 2007, the Defendant made a false statement to the effect that “A victim E holds a debate about a white mag in Seosan and operates a private teaching institute in Seoul, and if a person lends money short of cash in performing the construction work of expanding the private teaching institute, he/she would pay interest on the second part of a month.” The Defendant received money from the victim as a borrowed money from December 21, 2007, from that time to October 12, 201, from that time, for the purpose of borrowing KRW 3 million.

1. A total of 16 times in total, 130,000,000 won, which was remitted to the Defendant’s national bank account under the pretext of borrowing money, was acquired by deception;

2. On March 15, 2008, the Defendant made a false statement to the effect that “The victim F holds a debate about the sign language in Seosan and operates a private teaching institute in Seoul, while he/she lends money due to shortage of cash in the construction of a private teaching institute, he/she would pay interest on the second part of each month if he/she lends money to the private teaching institute.” The Defendant received money from the victim for borrowed money from March 15, 2008, and from then on October 20, 2010, he/she received money from the victim for borrowed money.

2. The 2.3 billion won was remitted or received in cash throughout a total of 11 times in the same way as the entries, and acquired it by cash.

Summary of Evidence

1. Partial statement of the defendant;

1. Each F substitute part of the interrogation protocol of the prosecution against the accused at the third and fourth prosecutor's office;

1. Part F of each protocol of examination of suspect E by prosecution.

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