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(영문) 서울남부지방법원 2019.08.21 2017고단1906
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 25, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for one year for fraud at the Goyang Branch of the Jung-gu District Court on March 3, 2014, and the judgment became final and conclusive on May 3, 2014. On December 19, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for violation of the Road Traffic Act (recognition refusal) and for violation of the Road Traffic Act (unlicensed Driving) on December 27, 2014 and became final and conclusive on December 27, 2014.

【Criminal Facts】

On November 22, 2007, the Defendant made a false statement to the Geumcheon-gu Seoul Metropolitan Government Office D of the Victim C of the Victim C of the Geumcheon-gu Building, stating that “The Defendant would temporarily lend money to the company that has a general director in charge of the general director in charge of the general director in charge of the fund.” By June 31, 2008, the Defendant made a false statement.”

However, even if the defendant received money from the victim, he did not have the intention or ability to pay the borrowed money without any special property.

As above, the Defendant, by deceiving the victim, received a total of KRW 100 million from the victim on November 22, 2007, including KRW 10 million.

Around December 2007, the Defendant continued to make a false statement that “Additional Funds are required for the Company. Additional 100 million won are loaned to another company. It shall be repaid until December 31, 2008.”

However, in fact, the defendant was the intent to use the money received from the victim for the individual sales agency business, and did not have the intent or ability to repay the borrowed money.

As above, the Defendant, by deceiving the victim, received KRW 100 million from the victim’s account in the name of E, which was the Defendant’s wife on December 28, 2007.

Accordingly, the defendant deceivings the victim and defrauds the total of 200 million won.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement No. D in the second police suspect examination protocol (the second and the second and the second examinations) against the accused;

1. Each police statement concerning D;

1. The details of each document for borrowing money, each details of the entry and withdrawal transactions, and the entry and withdrawal of the EF Association account;

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