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(영문) 서울중앙지방법원 2019.05.03 2018고정1661
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates "C" in Jung-gu Seoul Metropolitan Government B.

Around August 1, 2016, the Defendant received KRW 5,00,000,000 from the victim D (the 67-year-old and female) (the 5,000,000 won would be repaid if he/she borrowed 5,00,000 won as he/she sold the money.) to the victim D (the 67-year-old and female) (the 67-year-old) who became aware of the introduction of the c's c's c' from the c', and around October 12, 2016, the Defendant received KRW 3,00,000,000 from the c's c's c's c's c' and then received KRW 3,00,000,000 from the c's c', and received KRW 3,00,000,00 from the c's c's c',008.

However, the defendant was unable to pay a monthly rent because there was no income from the operation of the Kafa for about one year, and even if he borrowed money from another, he did not have the intent or ability to pay it even if he borrowed money from the victim.

Nevertheless, the Defendant deceiving the victim as above and acquired 8,000,000 won from the victim twice.

Summary of Evidence

1. A statement to the effect that the defendant received respectively KRW 5,00,000 from the victim on August 1, 2016 and KRW 3,000,000,000 on October 12 of the same year among the defendant's legal statement;

1. Statement made by witnesses D in the fourth protocol of the trial;

1. Investigation report and telephone communications for reference;

1. Determination as to the assertion of the accused and the defense counsel in the accusation, statement (D), suspect interrogation protocol (D)

1. It does not mean that the victim would pay the premium of KRW 5 million at the time of receiving five million from the victim, but there is no intention and ability to pay the premium of KRW 3 million at the time of receiving the premium, but it is only a fact that the funeral was not repaid because it does not constitute a crime, since it does not constitute a crime.

2. First of all, we examine the part concerning the defraudation of KRW 5 million, as well as the above evidence.

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