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(영문) 서울서부지방법원 2018.10.17 2018고단491
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

Even if the Defendant borrowed money from the victim B, he was thought to use it for gambling in a casino, and there was no idea to use it as wages, material, equipment repair expenses, etc. necessary for the Corporation, and there was no intention or ability to repay it.

Around May 30, 2008, the Defendant made a false statement to the effect that “The Defendant would lend 10,000,000 won to the victim as wages, materials, equipment repair costs, etc. are insufficient when he/she was in charge of construction in the family of the victim located in Gangseo-gu Seoul Metropolitan Government, the Defendant would pay interest at 2% per month and complete payment until December 2008.”

The Defendant received 8,850,000 won from the victim to the account of the Defendant on the same day on the same day.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The portion not guilty of all other circumstances, including the Defendant’s age, sex, career, home environment, motive for committing the crime, and circumstances after committing the crime, which are considered not guilty of all the following circumstances: (a) the crime is not good in quality; (b) the amount of damage; (c) the Defendant paid 2,18 million won to the victim as part of the principal of other borrowed money, including the interest from July 7, 2008 to February 18, 2010; and (d) the Defendant’s age, sex, career, home environment, motive for committing the crime, and circumstances after committing the crime.

1. On July 3, 2008, the summary of the facts charged stated that “The Defendant would pay 20,000,000 won monthly interest and complete payment until December 30, 208, as wages, material, equipment, and repair expenses, etc. that he/she had been entrusted with construction in the door mountain at home,” to the victim’s house located in Gangseo-gu Seoul Metropolitan Government around July 3, 2008.

The defendant belongs to this.

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