(영문) 서울중앙지방법원 2016.01.29 2015고단7892

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(영문) 서울중앙지방법원 2016.01.29 2015고단7892

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2015 Highest 7892] The Defendant, around July 6, 2012, operated by the victim V, U.S. LA, and the Defendant was bad credit, and around that time, from November 16, 201, the Defendant did not receive construction cost of KRW 8.8 million from the owner of the building since November 16, 201, and was not able to receive the said money, which led to the aggravation of financial standing, and there was no other property, and even if he borrowed money from the victim for the purpose of construction cost, he/she did not have the intent or ability to repay the money, even if he/she did not borrow money from the victim for the purpose of construction cost.

“Along with the false statement, the member received KRW 480,00,000 from the injured party’s agricultural account (Account Number X) in the name of the Defendant from the same day, from that time, and received KRW 17,876,00 from that time on December 2, 2013, totaling KRW 53 times, such as the first time table of the crime committed in attached Table 1.

[2015 Highest 7993] On July 6, 2015, the Defendant made a phone call to the victim Y, and falsely made a false statement to the effect that “The Defendant would have paid 5 million won in the aftermath of the carbed with five million won in the amount of a clerical error, and thus would have repaid 5 million won in the amount of money.”

However, in fact, the Defendant did not have any particular property due to bad credit standing, and did not have any way to bring cash, so even if he borrowed money from the injured party, the Defendant did not have any intent or ability to pay such money.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 1 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day, as well as by deceiving the victim from the victim. From that time to August 17, 2015, the Defendant acquired a total of KRW 6,80,000,000 from the time to August 17, 2015.

Summary of Evidence

[2015 Highest 7892]

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police concerning the Z;

1. A certificate of deposit without passbook (2015 highest 7993);

1. Statement by the defendant in court;

1. Y.

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