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(영문) 수원지방법원 안양지원 2017.09.20 2017고단256
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around January 19, 2012, the Defendant stated that “D” v. D’s operation of the Defendant located in Dongdaemun-gu Seoul Metropolitan Government (“D”) provided the Victim E with a false statement that “I will lend money to use as E’s operating expenses without a mold.”

However, even if the Defendant borrowed money from the victim, it was thought that most of the Defendant used it as his/her own debt repayment as a result of the Defendant’s lending of money. At the time, only the interest obligation was reached KRW 00,000,000, and there was no sufficient economic situation to receive credit card cash lending service every month.

Nevertheless, the defendant deceivings the victim as above and took over 30 million won from the victim to the account in the name of the defendant on the same day.

2. The Defendant: (a) around April 27, 2012, entered the victim’s Lestop in Lestop, as described in the foregoing paragraph (1).

Along with the loan of money to be used for the restoration expenses of Lestop, it was false that it would receive a security deposit and premium and pay preferentially to the party.

However, even if the Defendant borrowed money from the injured party, he thought that he will use it as his own debt repayment, and there was no intention or ability to repay the victim’s money, since he did not have any other obligation, such as relatives and relatives, more than KRW 100 million, and there was no economic situation to the extent that he did not reach KRW 100 million per month, and even if he received the deposit and the premium from the lending company by disposing of Lestop, he did not have any intention or ability to repay the money.

Nevertheless, the defendant deceiving the victim as above, and acquired 40 million won in total, including 2 million won in the same day from the victim, and 38 million won in May 9, 2012 from the victim to the account under the name of the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement;

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