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(영문) 춘천지방법원 2015.09.10 2015고단59
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On June 8, 2010, the Defendant: “C” casino office located in the Republic of the Philippines (hereinafter referred to as “C”), sent to the victim D the amount of investment to C. Therefore, if one of the right holders of the C, would be urgently required to make an investment to C, he/she would be paid 5% interest per month in return for the lending of 2 million P.C. (hereinafter referred to as KRW 50 million) to the victim within six months.” On June 8, 2010, the Defendant, who believed the lending of 19 million won to the account designated by the Defendant, and 31 million won to the same account on June 9, 2010.

In fact, the Defendant had no particular money and tried to acquire shares of KRW 100 million from the F, the right holder of the C casino, so even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the borrowed money within six months.

Accordingly, the defendant deceivings the victim, and he received 50 million won from the victim for the purpose of borrowing money.

2. On November 1, 2010, the Defendant issued a KRW 500,00 (50,000,000,000,000,000,000 won) to the victim of the above C Office (hereinafter “C”) on the ground that the Defendant loaned 500,000,000,000 won per month to the victim of the said C Office (hereinafter “C”) that “if G operating with B and B entered Korea, it would be 10,000 won per annum, and would be repaid at the end of the year” from the victim who believed it.

However, even if the Defendant did not borrow money from the victim due to the absence of any particular property, the Defendant did not have any intent or ability to repay the money by the end of 2010.

Accordingly, the defendant deceivings the victim, and obtained 500,000 page from the victim for the borrowed money, and acquired it by fraud.

Summary of Evidence

1. Each legal statement of witness D, F, G, and H;

1. Written complaints filed in DNA;

1. A check issued for a security of two million parcels;

1. A certificate of borrowing;

1. Statement made to D by the police;

1. Account transactions;

1. Each police officer against the defendant.

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