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(영문) 대전지방법원 2018.07.11 2017고단5065
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who had worked as the general manager in Eunpyeong-gu Seoul Metropolitan Government “E Fishery Institute” operated by the Victim C from August 1, 2015 to September 30, 2016.

On June 14, 2016, the Defendant received and repaid the deposit amount of KRW 120 million to the victim on June 14, 2016.

First of all, the phrase “the monthly rent down payment” was false.

However, even if the defendant borrowed money from the injured party, the defendant was thought to use it as the drinking value, and there was no intention or ability to pay it.

Nevertheless, the Defendant, as such, by deceiving the victim and receiving a copy of the KRW 6 million check from the victim on the same day from June 1, 2015 to July 20, 2016, received the total sum of KRW 109,248,510 from June 1, 2015 to July 20, as stated in the list of crimes, and acquired it under the pretext of borrowing money.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Entry of C in each protocol of the examination of the suspect against the accused and each police officer;

1. Each police statement with respect to C and F;

1. Data on transaction details, copies of notice of a seizure and collection order, copies of bankbooks, each loan certificate and each process document, copies of bankbooks, each transaction statement, and data on the account transactions submitted by suspects;

1. The defendant and the defense counsel's defense of each investigation report (the director of each H H H H language institute, telephone conversations, C Recording, the complainant's submission of C pay data, the submission of the statement of payment KRW 600,000,000,000,000,000 for the complainant C on June 14, 2016, the submission of data, attachment of C submitted by the complainant C, the result of the check tracking, telephone conversations at the tax office, Gangnam-gu, the hearing of the statement by the employer, the submission of the statement of the accused, the submission of the credit information of the accused, and the submission of the identification of the accused's credit information, and the submission of the confirmation of the case). The defendant and the defense counsel denies the victim's defense as a whole, while denying the victim's intention of deception or defraudation, the defendant and

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