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(영문) 서울북부지방법원 2017.10.12 2017고단2330
사기
Text

The punishment of defendants shall be one year and six months.

Reasons

Punishment of the crime

1. The Defendant, around August 2014, committed a crime related to the payment of the card, shall lend the card to D from the office of Jung-gu Seoul Metropolitan Government, to D, “I will use the card with the need of corporate expenses, and make a full payment without paying the price.

“ ......”

D A around that time, a lot card issued in his own name was transferred to the defendant.

On August 24, 2014, the Defendant used KRW 23.8 million in total by either settling the purchase price of goods with a credit card or receiving cash services, as shown in attached Table 1. from around that time to December 3, 2014, including paying KRW 2,380,000,000 by means of cash services.

However, the Defendant had a debt amount of KRW 20 million or more, and there was no intention or ability to pay the credit card payment, etc. that was used as gambling, such as the bicycle racing, which is not business funds, or intended to use for living expenses.

The defendant, by deceiving the victim D, obtained pecuniary benefits of 23.8 million won.

2. On September 21, 2014, the Defendant related to the crime of Company Security-related crimes shall pay D with no money if he/she lends the Company Expenses to D from D’s office to D.

“.....”

D believe that the horses were trusted, and around that time, deposited in the account of his national bank (E) with a loan of KRW 2 million and made it possible for the Defendant to withdraw and use the horses.

However, even if the defendant borrowed money from D as above, he did not have any intent or ability to repay it as promised.

The Defendant, as well as this, received 74 million won in total from D, from around that time to November 29, 2014, by borrowing 14 times as shown in attached Table 2.

The defendant got 74,440,000 won by deceiving the victim D.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol of suspect interrogation of the accused (including D);

1. Application of Acts and subordinate statutes on police statements made to D or F;

1. The Criminal Act of the Criminal Act of the Republic of Korea.

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