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(영문) 의정부지방법원 2017.11.02 2017고단2627
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 2015, the Defendant: (a) at the Defendant’s residence located in Namyang-si, Namyang-si, the Defendant laid off the victim D’s debt to the victim’s wife; and (b) made a false statement to the victim D with money under the pretext of running expenses and expenses to terminate the bad credit conditions.

However, the above facts, even if receiving money from the injured party, were to be used for personal purposes, such as medical expenses and living expenses, so there was no intention or ability to terminate the state of bad credit by neglecting the debt of the injured party.

The defendant obtained 5 million won from the injured party and acquired it by fraud.

2. On August 12, 2015, the Defendant, at the Defendant’s residence indicated in paragraph (1) around August 12, 2015, requested the victim D, as indicated in paragraph (1), to pay a down payment to the juvenile female to receive support from the GH Corporation under the name of the victim E, his/her grandchildren, and made a false statement.

However, in fact, even if having received money from the injured party, it was planned that all of them will be used for the personal purpose, such as medical expenses and living expenses, so there was no intention or ability to allow the young children to receive support from the LH Corporation or to make a lease contract necessary for it.

The Defendant, as the agricultural bank account in the name of the Defendant’s father on August 12, 2015, 15, KRW 1500,000,000,000 won on August 18, 2015, KRW 150,000 on August 25, 2015, KRW 200,000 on November 19, 2015, KRW 200,000 on November 21, 2015, and KRW 10,000,000 on November 28, 2015, acquired the money from the victim.

Summary of Evidence

1. Each legal statement of witness D and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the prosecution with regard to D;

1. An application for a lease contract for rental housing for the lease of the lease (the head of a juvenile boys and girls), a lease contract for the lease of the lease housing for the lease of the lease housing for the lease of the lease housing

1. Inquiries about the details of transactions in the bank account of demand and the details of transactions in the bank account;

1. A detailed statement of deposit transactions, a written confirmation of the results of electronic financial transfer, and a check in front of each customer;

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