(영문) 청주지방법원 제천지원 2014.01.16 2013고단823

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(영문) 청주지방법원 제천지원 2014.01.16 2013고단823

사기

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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Around February 23, 2010, the Defendant presented a set of Damond 1 to the victim E within the D Exclusives operated by the Defendant in Chocheon-si, the Defendant stated that “Around February 23, 2010, the Defendant borrowed the money to be paid as security, and if a person in charge of Damond did not recover the money to be paid, he/she may be paid KRW 50 million if he/she sold the money, and on April 23, 2010.”

However, in fact, the above multimond, which the defendant shown to the victim, was not a serious thing, and the defendant was in an economic situation where it is difficult to operate the pawnba without any particular property or income at the time, and thus there was no intention or ability to pay the money properly even if he borrowed the money from the victim.

As above, the Defendant deceivings the victim and was transferred KRW 10,80,000 to the Agricultural Cooperative Account under the name of the Defendant on the same day from the victim.

2. On April 1, 2010, the Defendant: (a) made a false statement to the victim that “on the phone at an influent place, it is necessary for the victim to find goods from the Kimhae; (b) if the Defendant borrowed money to pay, he/she would have to return the money to Seoul on the following day.”

However, the defendant did not have the intent or ability to pay the above money properly even if he borrowed the money from the victim due to the above economic situation.

As above, the Defendant deceptioned the victim, and was transferred from the victim to the new bank account in the name of the Defendant on the same day.

Accordingly, the defendant deceivings the victim and obtained a total of KRW 15.8 million from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement among the suspect interrogation protocol of the defendant against the prosecutor

1. Application of the Acts and subordinate statutes of a loan certificate, certificate of confirmation, certificate of transfer, and statement of common deposits 1.

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