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(영문) 서울북부지방법원 2017.05.31 2016고단5042
사기
Text

As to the crime No. 1 of the judgment of the defendant, a fine of 1,00,000 won, and the crime No. 2 of the judgment of the defendant, shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 1, 2015, the Defendant was sentenced to a suspended sentence of two years in the Seoul Northern District Court for six months of imprisonment for fraud, and the same month.

9. The judgment became final and conclusive.

1. On April 2015, the Defendant made a false statement to the effect that “The Defendant was unable to pay the victim C by having no card payment, but to pay money after 2-3 days from lending money.”

However, in fact, the Defendant did not have any particular property, and was unable to pay 300,000 won monthly from around 2014 without income, so there was no intention or ability to pay the said money even if he borrowed money from the injured party.

On April 18, 2015, the Defendant, by deceiving the victim as such, received 80,000 won from the victim to the company bank account in the name of the Defendant on the pretext of borrowing money.

2. On June 28, 2015, the Defendant introduced the victim C to build a super-high apartment in Gangwon-do at the 194 high-speed bus terminal through the new distribution in Seocho-gu Seoul Metropolitan Government.

In order to carry out the construction work, there must be a head of a corporation in order to create a corporation.

A false statement was made to the effect that a corporation will use 10 million won as the balance of the head of the Tong if it was lent with funds to create the head of the Tong, and that it would be repaid immediately after the incorporation of the corporation.

However, even if the defendant received money from the injured party, he did not intend to use the money for the establishment of a corporate passbook, and did not have the intent or ability to subcontract the construction to the injured party, and the money remitted from the actual injured party was used as personal debt and living expenses of the accused.

As such, the Defendant, by deceiving the victim and deceiving the victim from the victim to the company bank account in the name of the Defendant, received 6 million won around June 29, 2015, and 4 million won around June 30, 2015 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. A previous conviction in judgment:

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