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(영문) 수원지방법원 성남지원 2014.02.07 2013고단2452
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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 20, 2012, the Defendant was sentenced to 10 months of imprisonment for fraud and 2 years of suspended execution in the Sungnam Branch of Suwon District Court on January 20, 2012, and the above judgment became final and conclusive on January 28, 2012.

On December 15, 2006, the Defendant stated to the Victim C that “When an internal partner lends money to a person who runs a medical machine wholesale business, he/she shall lend the money to the person who runs the business, shall receive interest on 6% per month, and shall pay the principal immediately if he/she reaches any time before the month.”

However, the Defendant was unable to receive 70,000,000 won from the Defendant to the Defendant as a business fund, and the Defendant was thought to use a considerable portion of the loan from the victim to repay his/her obligation. In the absence of any specific property, even if the Defendant borrowed money from the victim, it is merely the amount equivalent to 50,000,000 won, and the monthly average income is merely 2,90,000,000 won, there was no intention or ability to repay it.

Around December 15, 2006, the Defendant, by deceiving the victim, received KRW 15,00,000 from the new bank account (Account Number: D) in the name of the Defendant, and thereafter, received KRW 15,00,000 from the victim, and from that time, from March 17, 2010, in light of the details of each bank transaction by the Defendant and the victim (not more than 15 pages of investigation records, and not more than 300 pages of investigation records) from March 17, 2010, the following changes are recognized as follows.

No. 15: The date was changed from October 26, 2008 to October 27, 2008: 18 No. 16: the amount of damage was changed from 1,00,000 to 930,000 won per annum: the sum of the dates changed from February 1, 2009 to February 2, 2009: the sum of the dates was changed from 230,750,000 to 230,680,000 won, such as the statement changed from 230,750,000 to 230,680,000 won was remitted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A detailed statement of account transactions in the name of C and a certificate of cash borrowed;

1. A detailed statement of account transactions in the name of the defendant;

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