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(영문) 서울중앙지방법원 2014.11.04 2014고단2035
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 5, 201, the Defendant subscribed to the “E” restaurant for the victim’s operation of Jongno-gu Seoul Metropolitan Government Jongno-gu, to the serial number of KRW 60 million in total, KRW 52, and KRW 1,200,000 in monthly payment per 1/1,200,000 for the victim’s female organized by the victim. The Defendant subscribed to the three-dimensional fraternity of the number map organized by the victim, stating to the effect that “The monthly payment of KRW 60,000 in total shall be made well in accordance with the agreement.” The Defendant subscribed to the three-dimensional system of the number map organized by the victim.

However, in fact, if the two accounts were to be admitted to F who is liable for the debt of F among the above three accounts and the F was to receive the accounts in the order of rapid order of F, it was thought that the credit would be recovered from such accounts. However, the above F would have been expected to be refused by the victim if it was to add the accounts to the two accounts, and then entered into three accounts in the name of the defendant. The defendant did not have the intent or ability to pay the monthly payment for the above two accounts of F, and it was also foreseeable that F would not have any intention or ability to pay the interest for the borrowed money through the defendant, and it was difficult for F to continue to pay the normal monthly payment.

The Defendant, by deceiving the victim as above, received 62,100,000 won from the victim under the pretext of five fraternitys around February 5, 2012, and received from the victim, for the same year.

9.5.Around 12.m., 64.2 million won was issued under the pretext of guidance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statements made by witnesses D in the second protocol of the trial;

1. Part of the protocol of interrogation of the accused by the prosecution and the statement D;

1. Statement made to D by the police;

1. Application of the provisions of Acts and subordinate statutes on filing of complaints, roll of fraternity members, copy of cash storage certificate, copy of passbook, copy of deposit certificate, copy of deposit certificate, and copy of book book;

1. Determination of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the assertion of the defendant and his/her defense counsel

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