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(영문) 서울남부지방법원 2018.11.07 2017고단435
사기
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, Nos. 1, 5, 7, 8, and 8 are attached hereto.

Reasons

Punishment of the crime

On June 30, 2013, the Defendant loaned the victim I with the term “C” located in Yeongdeungpo-gu Seoul Metropolitan Government “C” to the victim I. When the Defendant borrowed money, the monthly interest rate of KRW 100,000,000,000. The monthly interest rate shall be KRW 100,000,000,000,000,000.

When it is necessary, it shall be changed at any time.

The phrase “ makes a false statement.”

However, in fact, the Defendant had no intent or ability to pay the time limit money or to pay the borrowed money to the victim, etc. even if the Defendant received the time limit money or borrowed the money from the beginning of the 1990s, because of the circumstances such as the suspension of contact after receiving the time limit money, etc., which led to difficulties in normal guidance operation from around 2008, the Defendant used the time limit.

Nevertheless, the Defendant: (a) by deceiving the victim as above and received KRW 10 million from the victim on June 30, 2013; and (b) from then until November 2015, the Defendant acquired KRW 12,200,000,000 in total from five persons, such as the victim I, J, K, L, L, and M, as described above, from around 4, 6, 9 through 12, and 14 to 19, 2015.

According to each statement of the defendant, victim I, and J, the victim I paid the amount set forth in No. 6 No. 1 in the annexed crime sight table to August 31, 2015, and the victim J paid the amount set forth in the annexed crime sight table No. 19 around October 1, 2015. Thus, it is recognized that the victim J did not interfere with the defendant's right of defense, thereby recognizing the date and time of the crime as corrected.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness M, J, K, and N;

1. Statement made by a witness in the fourth public trial protocol;

1. To state some of the witness I's statements in the fifth public trial protocol;

1. Each police statement made against L or I;

1. Statement made by the police against M;

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