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(영문) 서울남부지방법원 2017.06.16 2016고단4946
사기
Text

1. The defendant shall be punished by imprisonment for one year;

2. The costs of lawsuit shall be borne by the defendant;

Reasons

Punishment of the crime

[criminal records] On September 21, 2016, the Defendant was sentenced to imprisonment with prison labor for the crime of fraud, fabrication of private documents, and the crime of deception of the above investigation document at the Seoul Southern District Court on September 21, 2016, and the said judgment became final and conclusive on September 29, 2016.

[Criminal facts] The Defendant was a person who was working as a bus engineer at the Ss. S. Tourism Development Co., Ltd., Ltd., the second floor of the Mapo-gu Seoul Metropolitan City Agricultural and Fishery Product Centre 533-1.

At the above BS Tourism Development Office around November 6, 2013, the Defendant stated to the effect that “In the absence of money, there is a loan to the victim C, who is a workplace partner,” and that “In the absence of money, there is a loan hub, and even if there is no money, the Defendant may receive a loan by reporting on the confirmation of the loan coming out of the loan amount. It would only be repaid once a month, and the credit will not be more than absolutely.”

However, even if the defendant borrowed money from the injured party, he thought that he lent the above money to D, and he thought that he exceeded D's obligation to repay, so that he did not have any intention or ability to repay it within one month.

Around November 16, 2013, the Defendant had the victim borrow 32 million won from E lending companies around 16:00, and received 32 million won from F to F’s account on the same day, and acquired it by deceiving the victim in the same manner, and acquired it by deceiving the victim from KJI Savings Bank around December 12, 2013, KRW 5 million from HK Savings Bank, KRW 8 million from HK Savings Bank, KRW 2 million from HK Savings Bank, KRW 2 million from KJK Savings Bank, and KRW 3 million from Tae Tae-gu Loan Co., Ltd., and received KRW 16.4 million from F’s account on the same day, and received KRW 1.5 million from cash on the same day and acquired KRW 49 million from the victim.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

Summary of Evidence

1. Legal statements of the witness C and D;

1. Part concerning C’s statement among the protocol of interrogation of the suspect against the defendant in the prosecution (C confrontation)

1. Statement made by the police against D;

1. Details of transactions;

1. Recording recording (C, A);

1. Criminal records:

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