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(영문) 수원지방법원 2017.12.14 2016고단1212
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall pay 14,100,000 won to the applicant for compensation.

Reasons

Punishment of the crime

1. On May 2, 2013, the Defendant, at around May 2, 2013, borrowed money to the victim’s home located in Pakistan on May 2, 2013, to repay the money to the victim at an rapid time.

“The purport was to the effect that “.....”

However, in fact, the Defendant had a debt equivalent to KRW 100 million at the time, and was thought to use the money borrowed from the injured party for the cost of living because there was no certain income, so even if he borrowed the money from the injured party, he did not have the intention or ability

The defendant deceivings the victim as above and received 1.1 million won from the victim's account in the name of the defendant on the same day.

2. Around May 6, 2013, the defrauded Defendant, on May 6, 2013, would make payment to the victim B without borrowing the company operating funds.

“The purport was to the effect that “.....”

However, in fact, the defendant was thought to use the money borrowed from the damaged person to pay a fine due to drinking, and for the above reason, there was no intention or ability to pay the money even if he borrowed the money from the damaged person.

The defendant deceivings the victim as above and was delivered KRW 5 million to the Suhyup account in the name of the defendant on the same day from the victim.

3. On May 9, 2013, the Defendant’s fraud, around May 2013, at the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si D, to repay the amount to the Victim B within the earlier time when he/she lends money to the Victim B to use to purchase the airline pockets to purchase the airline pockets.

“The purport was to the effect that “.....”

However, the defendant did not have any intent or ability to repay the above even if he borrowed money from the injured party for the above reasons.

The defendant deceivings the victim as above and was delivered KRW 8 million to the Suhyup account in the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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