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(영문) 서울북부지방법원 2018.09.14 2018고단1151
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 15, 2016, the Defendant made a false statement to the victim C working together at the said establishment that “The Defendant would pay interest up to one month if he/she lends money necessary for the cost of a credit gift to his/her mother.”

However, in fact, the monthly income at the time of the defendant person was about 2 million won, while even if the defendant person borrowed the above amount from the damaged person, such as the bank and bond debt amounting to about 50 million won, such as the shortage of interest and living expenses for each month, there was no intention or ability to change it within one month.

The defendant obtained a cash of one million won from the damaged person, in other words, from the son, in cash, under the pretext of a son's life gift, and acquired it by fraud.

2. The Defendant, at the place indicated in paragraph 1 of December 2016, and at the place indicated in paragraph 1 of this Article, if “if the Defendant extended money to the victim, the Defendant will divide the amount of the principal and the profits in the event that there is a benefit by “sports soil” with the Internet money, and make repayment, including the amount of the loan which was not repaid earlier.

If a person loses money, he/she made a false statement that he/she will receive a loan for the sunlight.

However, at the time, the Defendant was at least 2 million won monthly income, while bank and bond debt amounted to about 50 million won, lack of interest and living expenses for each month, and a certain degree of profit was unexpected due to the “sports soil”, and even if it was borrowed from the injured party due to the lack of credit rating, there was no intention or ability to change the above amount within one month even if it was borrowed from the injured party.

The defendant was managed by the defendant on December 9, 2016 from the injured party.

D On December 11, 2016, 100,000 won was transferred to a nominal corporate bank account, and 5 million won was acquired through a national bank account under the name of the defendant, and acquired 15 million won in total on two occasions.

Summary of Evidence

1. The defendant's oral statement;

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