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(영문) 수원지방법원 2018.06.14 2018고단2100
사기
Text

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 November 23, 2010, the defrauded, through the fraud of the borrowed money, stated that the “E” restaurant operated by the Defendant in Chungcheongnam-gun, Chungcheongnam-gun, would be repaid to the victim C by the number of days every 60,000 won a day if he/she lends KRW 5 million to the victim C.

However, at the time of fact, the Defendant did not have any particular property or income as a bad credit holder, while the restaurant operation was not well operated, and the deposit was fully deducted due to the failure to pay it, and the personal debt was severely demanded to pay it. Therefore, even if the Defendant borrowed money from the injured party, there was no intention or ability to pay it.

Nevertheless, the defendant deceiving the victim as above and immediately received KRW 5 million from the victim, and the defendant around that time, to April 11, 201, as shown in the list of crimes in the annexed sheet of crimes: Provided, That the "28.28.", the date and time of the crime No. 5 of the annexed list of crimes, is the error of "2.18."

All 3,3430,000 won were acquired by deceit through eight times.

2. On March 15, 201, the defrauded, through the deceptionation of the map, concluded that “F clothes operated by the Defendant’s female dynamics located in Chungcheongnam-gun, Chungcheongnam-gun, were false to the victim C, saying, “The Defendant would pay the map money by taking up the map No. 1, No. 2000 and the map No. 1, No. 2000 at the same time,” to the victim C.

However, the defendant did not have the intention or ability to pay the fraternity properly even if he received the fraternity from the injured party due to the situation like the statement in paragraph 1.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million in total from the victim on March 15, 201 and around April 15, 201, respectively; and (c) obtained 10 million in total from the victim on March 15, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Part C of the second suspect interrogation protocol against the defendant

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