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(영문) 대전지방법원 2017.06.21 2016고단3605
사기
Text

A defendant shall be punished by imprisonment for four 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.

Reasons

Punishment of the crime

1. On October 28, 2015, the Defendant stated to the effect that “I would pay back if I would return I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would pay I would like

However, in fact, the defendant did not think that he would lend the above money to his own land or use it as his cost of living, but did not think that he would purchase scams necessary for scambling business, and there was no economic situation to the extent that he would file a petition for bankruptcy in 2014, and there was no fixed income, so even if he borrowed money from the damaged person, there was no intention or ability to repay it.

Nevertheless, the Defendant was made a false statement as above and was transferred KRW 10,000,000 to E’s account from the injured party.

2. On November 26, 2015, the Defendant stated to the effect that “If the Defendant additionally lent KRW 20,000,000 to the victim’s house, it would be repaid to the Defendant with KRW 10,00,000 prior to the early December 2015, if the Defendant borrowed KRW 20,000,000 from the victim’s house to the Defendant’s house.”

However, even if he borrowed money from the injured party, he did not think that he would lend the above money to his own land or use it as his cost of living, but did not think that he would purchase the affected trees necessary for the affected business. In 2014, there was no economic circumstance to the extent that he would file a petition for bankruptcy in 2014, and there was no fixed income, and therefore there was no intention or ability to change it.

Nevertheless, the Defendant 20,000,000 won was transferred to the account under the name of E on the day by making the above false statement from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The protocol of interrogation of each police suspect against the accused and E;

1. Statement made by the police against D;

1. Copies of each letter;

1. A copy of bankbook;

1. Copy of the letter of transfer of the case;

1. A certified copy of the register (the defendant is not guilty of deceiving the victim).

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