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(영문) 서울중앙지방법원 2015.10.13 2014고단9302
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant produced “F” contributed by the victim E as a person who operates an entertainment planning company under the trade name called “D” in Seoul Dongjak-gu, Seoul.

The Defendant, as a person with bad credit standing, did not have any intent or ability to repay the borrowed money, even if he borrowed money without any specified income.

Nevertheless, the defendant, at around January 2013, the above D Company's office, stating that "I will lend money due to the lack of program production costs to the victim," and that he shall be paid 5 million won as a temporary loan from the victim, and the following year:

7. On July 26, 2013, the victim made a false statement to the victim stating, “If he/she lends expenses incurred in manufacturing and broadcasting the “F” program and then lends the principal to G until March 31, 2014, he/she will repay the principal and pay 500,000 won as interest per month.” The victim received KRW 15 million from the victim to the corporate bank account in the name of the Defendant (H) around July 26, 2013.

In this way, the defendant deceivings the victim to take the property by deceiving him.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Partial statement of witness E in the second protocol of the trial;

1. A complaint;

1. Application of Acts and subordinate statutes on borrowing certificates, copies of suspect mobile phone text messages, and details of suspect account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The Defendant and his defense counsel asserted that the Defendant received KRW 5 million from the victim on January 2013, and KRW 15 million on July 26, 2013. However, the Defendant received KRW 5 million from the victim on July 26, 2013, but the Defendant first held KRW 5 million with the Defendant’s support (or support).

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