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(영문) 춘천지방법원 2020.09.22 2020고단637
사기
Text

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

Around April 17, 2013, the Defendant, at his own house located in Chuncheon-si B, lent KRW 8,000,000 to the effect that “The Defendant would give three (3) interest per month to the victim C” (see, e.g., Supreme Court Decision 100, Apr. 17, 2013).

'The Court stated that it was ';

(See Article 98 of the Evidence Records). However, the defendant did not have any special income and did not have any property (see Article 139 of the Evidence Records) and did not have any intent or ability to fully repay it even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, obtained KRW 8,00,000 in cash from the victim (i.e., around April 17, 2013; KRW 3,000,000 in cash; and by the same method on May 24, 2013 (see, e.g., Supreme Court records No. 11,98 of the evidence records); acquired KRW 11,00,000 in total as a loan; and acquired KRW 20,000 in the same method (see, e.g., evidence records) on April 30, 2014 (see, e., Supreme Court Decision 12,98 of the evidence records); and acquired KRW 23,00,000 in total under the name of each borrowed money (see, e.g., Supreme Court Decision 13,98 of the evidence records); and acquired KRW 100,000 in the same manner (see, e., Supreme Court Decision 20015Da1301818).

The Defendant received a total of KRW 39,000,000 (= KRW 3,000,000,000) from the victim for each of the instant fraud crimes (= KRW 3,000,000,000).

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to D

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