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(영문) 수원지방법원 안산지원 2018.07.16 2017고단1024
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 26, 2016, the Defendant was guilty of fraud on April 26, 2016, to the victim D who became aware of by male-gu Seoul around 101 and 1602 male-gu apartment house B around Si-si around 26, 2016.

The investment amount is 75 million won and 180,000 won per one room.

As money is additionally required to operate the business, the interest on the loan of money shall be paid at 3% and it shall be used only for two months.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant did not have any means to engage in the gambling business, and was engaged in gambling without any specific income, so even if he borrowed money from the injured party, he did not have any intention or ability to pay the said money by engaging in the gambling business.

As such, the Defendant, by deceiving the victim, was transferred to the account (F) in the name of the Defendant, under the pretext of borrowing KRW 30 million in total from the damaged party on April 26, 2016 and KRW 20 million on April 29, 2016.

2. On May 4, 2016, the Defendant: (a) around around May 4, 2016, at the Dot Jeju-dong, Jeju-si, Jeju-si, the Defendant: (b) around May 4, 2016, the Defendant borrowed the victim with the “it is well-return that the business is now going to the present; (c) additional KRW 15 million is required; and (d) the Defendant would have repaid the Plaintiff up to May 9, 2016 without the mold

“A false representation was made.”

However, in fact, the Defendant did not have any means to engage in the gambling business, and was engaged in gambling without any specific income, so even if he borrowed money from the injured party, he did not have any intention or ability to pay the said money by engaging in the gambling business.

On May 4, 2016, the Defendant, by deceiving the victim, received KRW 15 million from the damaged party to the account (F) in the name of the Defendant’s father E Nong Bank (F) under the pretext of borrowing money from around May 4, 2016.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Part concerning the statement in D and G among the protocol of interrogation of the suspect against the defendant in the prosecution;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Relevant provisions of the Act concerning facts constituting an offense;

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