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Reasons
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(영문) 대전지방법원 천안지원 2017.07.07 2017고단287
사기
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2015, the defrauded of the Victim C made a false statement that “The Victim C would pay monthly interest of KRW 500,000 to the Victim C when it loans KRW 10,000,000 to the Defendant’s operation of the Defendant located in Chungcheongnam-nam Budget Unit D, and the Victim C was unable to pay monthly loan money to KRW 10,000,000,000,000,000,000,000,000,000,000,000,000 won. However, at that time, the Defendant did not pay KRW 50,00,000,000 without any particular property, and the Defendant loaned money from the Defendant, and did not have any intent or ability to change the repayment of existing debts, living expenses, etc., so far as it borrowed money from a person who does not have any plan to recover the amount of money, etc.

Around January 22, 2015, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the new cooperation account in the name of the Defendant under the pretext of the above loan from the victim.

2. On February 8, 2015, at the Defendant’s residence located in Chungcheongnam-nam Budget Group G, the Defendant made a false statement to the victim F that “I would pay the victim F with a certain amount of money borrowed from another internal amount, and would immediately pay the extended amount in the following month.” However, the Defendant did not have any intent or ability to pay the extended amount in a normal manner even if (a) the Defendant had a debt without any particular property at the time, and (b) had no intention or ability to pay the extended amount from the damaged person due to the lack of a plan to withdraw the extended amount.

As such, the Defendant, by deceiving the victim, received the amount of KRW 10 million from the victim to the new cooperation account under the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with regard to F;

1.Each.

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