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(영문) 서울남부지방법원 2017.06.02 2017고단1722
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On October 16, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court, and completed the execution of the above sentence on July 4, 2015 at the Suwon District Court. On December 14, 2016, the Seoul Southern District Court sentenced eight months of imprisonment and eight months of imprisonment at the same court on December 15, 2016, and is still pending in the appeal trial.

[Criminal facts] On January 11, 2016, the Defendant calls the victim F to the victim F at a non-permanent place and pays off money to the victim F. It is soon possible to lend money to the victim F.

B. In the process of waste-related business, the AJ building was provided as security, and the security loan would be provided as security, and if a loan is provided as security, the amount of KRW 1 billion would be paid as security, and the said loan would be paid as security, thereby making a false statement.

However, in fact, the Defendant did not have been specifically planned or proceeded with the waste-related business, and the pertinent AJ building was not actually and specifically carried out, and there was no property or monthly income at that time, and even if the Defendant borrowed money from the damaged party due to bad credit standing, it was thought that he would use it as personal living expenses, etc., so even if he borrowed money from the damaged party, he did not have any intent or ability to repay it soon.

On January 11, 2016, the Defendant received 50,000,000 won from the injured party to the Saemaul Depository’s account (AK) account in the name of the Defendant, and received a total of 26 times from around that time to June 14, 2016, as shown in the list of crimes in attached Form 26.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. F statement concerning the defendant in the protocol of interrogation of suspect against the prosecution;

1. Statement made by the police with regard to F;

1. Data submitted by the complainant (including the details of text messages and account transactions);

1. Previouss: References to inquiries, such as criminal history (A);

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