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(영문) 수원지방법원 2015.12.09 2015고정1820
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 2012, the Defendant stated that “E” entertainment tavern located in G, the wife population of the Victim C operated by the Victim C, “E,” and there is no money to purchase clothes from the Victim C. If the Defendant lent KRW 10 million of the clothes to the Victim C, the interest rate shall be KRW 50,000 per month. However, the Defendant had a debt equivalent to KRW 200 million at that time, and the Defendant did not pay monthly taxes and electricity taxes of the “F” entertainment tavern operated by the Defendant from early 2012, because the Defendant had no intent or ability to repay the principal and interest even if having received money from the Victim.

As such, on September 27, 2012, the Defendant, by deceiving the victim C, received 9.5 million won from the victim C to the Agricultural Cooperative Account under the name of the Defendant, and acquired it by fraud.

2. On October 23, 2012, the Defendant stated that “H” entertainment drinking club operating funds of KRW 500,000,000,000,000,000,000,000,0000,000,0000,0000,000,0000,000,000,0000,0000,000,000,0000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000

As such, the Defendant, by deceiving the victim G, received KRW 5 million from the victim G to the agricultural bank account under the name of the Defendant, and acquired it by deceiving the victim G.

Summary of Evidence

In light of the following: (a) the Defendant did not have the intent to commit the crime of defraudation; (b) the economic situation of the Defendant at the time of each of the instant crimes; and (c) the fact that the Defendant cut down and locked contact with the victims immediately after the crime was committed, it is reasonable to deem that there was the intent to

1. Partial statement of the defendant;

1. Witness G.

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