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(영문) 청주지방법원 영동지원 2017.11.09 2016고단102
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On November 2014, the criminal defendant against the victim B told the victim B at his/her own house located in the C Apartment 116 dong 1723, Silung-si around the end of November, 2014, saying, “I will pay the principal and interest within one month, if you lend 5 million won as soon as it is necessary to pay the money.”

However, at the time of fact, the Defendant did not have any particular income or property, and had repeated repayment of the obligation owed to the lending company, etc., and thus, even if borrowed money from the damaged party, the Defendant did not have any intention or ability to repay it properly.

The Defendant, on December 3, 2014, received KRW 5 million from the injured party to the bank account under the name of the Defendant, and from that time until January 19, 2015, the date and time of remittance of the attached Table 8 from January 19, 2015 was corrected to “ January 19, 2014” as “ January 19, 2015,” pursuant to the Prosecutor’s request for correction of indictment at the sixth trial date.

As described above, a total of KRW 10,648,00 was delivered in eight times in total.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 9, 2014, the criminal defendant against the victim D calls the victim D at his/her home as stated in paragraph 1, and said, “If he/she lends the amount of KRW 4.5 million a credit loan that was extended to him/her, he/she would repay the principal and interest within one month.”

However, at the time of fact, the Defendant did not have any particular income or property, and had repeated repayment of the obligation owed to the lending company, etc., and thus, even if borrowed money from the damaged party, the Defendant did not have any intention or ability to repay it properly.

On December 9, 2014, the Defendant received 4.5 million won from the damaged party to the bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Protocol B of the police statement with regard to B

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