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(영문) 수원지방법원 2018.06.05 2017고단4923
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 8, 2017, the Defendant was sentenced to imprisonment for 8 months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeju District Court, and the judgment became final and conclusive on February 16, 2017.

1. On July 20, 2009, the Defendant, at the Defendant’s house located in Jeju-si B on July 20, 2009, entered into a lease agreement for the E entertainment shop located in D at Jeju-si, with the victim C (n, 54 years of age) and entered into a lease agreement for the said entertainment shop “50 million won in the Jeju-si.

“At the time of lending money,” “I will pay the principal two and three months after the business with respect to one person in New Ireland.”

“A false statement” was made.

However, since the defendant only lent the above amusement center to the defendant, there was no right to the above deposit, and even if he borrowed money from the victim, there was no intention or ability to repay the borrowed money within the agreed period.

The Defendant, as such, by deceiving the victim, received KRW 10,000,000 on the same day from the victim to the account of the Defendant, and KRW 5,000,000 on July 21, 2009, respectively.

2. The Defendant, around August 11, 2009, extended the victim’s “as there exists a place in which money is to be paid” to the victim in New Zealand. The Defendant may be punished by KRW 500,000,000 and KRW 10 million in one month in New Zealand.

“A false statement” was made.

However, the defendant did not have the intent or ability to repay the borrowed money even if he borrowed money from the damaged person.

The Defendant, by deceiving the victim as above, received KRW 6,50,000 on the same day from the damaged person’s account to the Defendant’s account, and KRW 2,913,377 on August 14, 2009, respectively.

Summary of Evidence

1. A protocol concerning the examination of some of the police officers against the accused;

1. Statement made by the police against C;

1. A detailed statement of passbook and remittance;

1. Each investigation report (victim C's telephone statement and witness F's telephone investigation);

1. Previous convictions: Inquiry into criminal history, investigation reports (report of the previous convictions and results of confirmation of the previous convictions of the disposition), and copy of the text of the judgment.

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