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(영문) 서울중앙지방법원 2016.02.18 2014고단9265
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 13, 2009, the Defendant gets off a phone to the victim C at an irregular area in Seoul and below Seoul around January 13, 2009, and promptly returned the phone to the victim C.

“The purpose of “ was to make a false statement.”

However, at the time of fact, there was no money held by the defendant, and there was no intention or ability to pay the above money properly even if the defendant borrowed the above money from the victim because the defendant had a total of 100 million won or more debt including financial rights, and was used as interest, credit card payment, etc.

The Defendant, as such, by deceiving the victim, received KRW 1.3 million from the victim to the national bank account in the name of the Defendant, and received KRW 71,905,871 in total eight times from around that time to April 16, 2009, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Entry of each part of the protocol concerning the interrogation of the suspect against the defendant;

1. Each letter message, inquiry of the request for the details of demand transactions, details of obligations, cards such as cash services, etc., details of credit card use, each of the principal’s financial transactions, investigation reports (Attachment to the statement of transactions) [Defendants had an intent and ability to make reimbursement at the time of the instant case;

However, according to the above evidence, although the defendant received 5 million won as monthly salary from the injured party at the time of receiving each of the above money from the injured party, the debt was 80 million won to 100 million won, and thus there was no ability to pay to the injured party if all of the interest, card payment, etc. were made by receiving monthly salary and paying interest, card payment, etc., and the defendant borrowed money in the name of the Japanese market investigation or head office business expenses, and without using it for the above purpose, the defendant borrowed money in the name of the above purpose.

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