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(영문) 의정부지방법원 2018.02.07 2017고단4628
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 2, 2015, the Defendant called the victim C on June 2, 2015, and paid off the amount of KRW 23 million to the two-months where it is difficult to operate the business now.

The phrase “ makes a false statement.”

However, at the time, the Defendant was in excess of KRW 60 million, and the amount of tax equivalent to KRW 120 million was in arrears, and even if he/she borrowed money from others in excess of KRW 200 million, he/she did not have an intention or ability to change it within two months.

Nevertheless, the defendant deceiving the victim as above and was delivered KRW 23 million to the Agricultural Cooperative E account in the name of D on the same day by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the defendant in the suspect interrogation protocol against the defendant: The statement that there was no time to pay money because of the defendant's partial statement in the suspect interrogation protocol against the defendant: In particular, it was difficult to pay money to the injured party KRW 23 million borrowed from the injured party within 2 months because he/she had to prevent him/her from paying money in return to the household check, etc. other than the expenses paid in fixed and fixed (Evidence No. 111th page) and the statement that it was difficult to pay money (Evidence No. 113 page);

1. A witness F’s legal statement: The statement that the Defendant was aware of the financial situation at the time of borrowing money from the damaged person and the Defendant was bound to pay money each month; the Defendant’s head of Tong attached to the passbook that the Defendant received money from D’s account (4 pages of the witness examination record); the Defendant’s use of KRW 5.2 million out of KRW 23 million borrowed from the damaged person (13 pages);

1. In part of the statement of the police statement in F: The statement (Evidence No. 53 page of the evidence record) that the Defendant and F were fully liable from the beginning of the operation of the operation of the operation of the operation of the operation of the operation of the organization, and that the household check was used in consideration of the degree of KRW 200 million at the time of borrowing money from the injured party, and the check was eventually unable to be used due to taxes in arrears.

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