logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2020.04.22 2019고정16
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant ordered the victim D to do so at an insular place (one name “C”) located in the Gangwon-do Police Team No. Ganman Group B, and received the order from the victim D to do so. The Defendant stated to the effect that “When the victim subscribed to the 5 million won foot mold operated by the Party, he will pay the said money first, he will pay the money by putting the ethm on the said money and pay the remainder.”

However, even if the defendant receives a fraternity from the victim, he did not have the intent or ability to pay the fraternity.

Nevertheless, as above, the Defendant, by deceiving the victim as above, obtained KRW 5 million from the victim and acquired it through the delivery of KRW 5 million under the pretext of guidance around that time, and acquired it through deceptions on February 2, 2015 by obtaining KRW 12.6 million in total from the victim under the pretext of guidance, borrowed money, etc. four times, such as the attached Table Nos. 1, 2, 4, and 5.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. The police statement of H;

1. Determination as to the defendant's assertion of a copy of a loan certificate, a multimond's paper, a photograph of guarantee, a copy of a letter of guarantee, an investigation report (or an I telephone statement of a witness), and a multimond's photo

1. The summary of the argument was that the Defendant paid all the fraternitys to the victim in relation to Nos. 1 of the annexed list of crimes, and did not borrow money from the victim in relation to Nos. 2, 4, and 5 of the annexed list of crimes.

2. Determination

A. Examining the credibility of the victim’s statement consistent with the facts constituting the crime, the victim’s statement is credibility in light of the following circumstances acknowledged by the aforementioned evidence.

1) On August 15, 2015, the Defendant prepared a loan certificate of KRW 13050,000 with respect to the victim (10 pages of investigation records). 2) The victim at an investigative agency, as shown in the list of crimes in attached Form 1,3 million, shall be the Defendant.

arrow