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(영문) 서울중앙지방법원 2020.08.12 2020고단2387
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On September 30, 2016, the Defendant made a false statement to the victim C at the residence of the victim C located in Gangseo-si, Gangnam-si, stating that “Is his/her husband and wife need to leave his/her house. If you lend KRW 15 million until October 15, 2017, the Defendant would repay his/her debt until October 15, 2017, and pay his/her interest by two copies per month.”

However, in fact, the defendant was thought to use his personal debt repayment and living expenses that he had incurred at the time of lending money from the victim, and there was no reason to require marriage funds from his wife, and there was no intention or ability to repay due to economic difficulties.

Around September 30, 2016, the Defendant, by deceiving the victim as above, transferred KRW 10 million to the Agricultural Cooperative Account (Account Number: D) in the name of the Defendant, and acquired KRW 5 million in cash from October 15 of the same year, and acquired KRW 15 million in total.

2. On April 10, 2017, the Defendant concluded that “If the Defendant borrowed KRW 570,000,000,000,000,000 to the victim’s residence of the victim as stated in the foregoing paragraph (1), the Defendant would receive the money from the husband’s insurance, and would repay the money without 2 to 3 months after receiving the money from the husband’s insurance.”

However, in fact, the defendant was thought to use the personal debt repayment and living expenses that he had incurred at the time of lending money from the victim, there was no insurance money to be received by the husband due to the need of the operation expenses of the husband, and there was no intention or ability to pay due to economic difficulties.

The Defendant, by deceiving the victim as above, received the victim’s community credit cooperatives passbook and seal on the same day from the victim’s victim’s bank account on the same day, and acquired it by deceit by withdrawing KRW 5.7 million from the above victim’s account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A loan certificate and a detailed statement of transactions;

1. Application of Acts and subordinate statutes concerning investigation reports (related to the currency of a victim);

1. Criminal facts;

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