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(영문) 서울북부지방법원 2016.09.29 2016고단2251
사기
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

1. On October 14, 2015, the Defendant against the victim B calls from the victim B at the “D” clothes store operated by the Defendant of the 3rd floor in Jung-gu Seoul, Jung-gu, Seoul, to the victim B, and there was a lack of money.

The loan will be made until November 30, 2015 by lending KRW 10 million.

“.” The purport was “.

However, around that time, the Defendant had almost little profits in the clothing store operated, and the monthly rent of the clothing store was not paid properly, and there was no intention or ability to repay the borrowed money to the victim because other creditors than the victim had a debt of approximately KRW 14 million.

The Defendant, by deceiving the victim and deceiving the victim, received the delivery of KRW 10 million from the victim to the bank account (E) in the name of the Defendant on the same day, and KRW 20 million from November 13, 2015 to KRW 10 million.

2. On November 26, 2015, the Defendant against the victim F may exchange the victim’s clothes store operated by Jung-gu Seoul, Jung-gu, Seoul, and the third floor victim F, with the victim’s money collected from the Chinese bank in exchange for the victim’s money.

I would like to assist the exchange of the subject money on the face of the subject money.

“.........”

However, the defendant did not intend to exchange money because he was aware of his personal obligation by receiving money from the injured party.

The Defendant, by deceiving the victim as such, obtained 5070,00 won from the victim to the NongHyup Bank account (G) in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning each statement of the defendant B or F in the police interrogation protocol;

1. Details of deposits in each passbook and details of each bank transaction;

1. Application of each image statute to a photograph by capturing a text message;

1. Article 347(1) of the Criminal Act concerning the facts constituting an offense (the choice of imprisonment) of the pertinent law.

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