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(영문) 서울동부지방법원 2015.06.04 2014고단1785
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On September 27, 2011, the Defendant told the victim C of the coffee shop where the trade name of the E 2th E located in Gwangjin-gu Seoul Special Metropolitan City is unknown, that “the Sejong City is developed, and the clan land is expropriated and the compensation is expected to be paid KRW 500 billion.” However, even though the Defendant was willing to receive the compensation, it cannot be transferred because it is not a transaction with the passbook because it is a bad credit holder, and it is necessary to resolve the bad credit amount.” The Defendant stated that “The Defendant would immediately repay the bad credit amount if he/she lent money to the Fund and pay the compensation.”

However, the fact is that the clan land has not been expropriated, and there was no intention or ability to repay the money from the victim even if it is borrowed money from the victim because only the debt has been returned to KRW 00 million.

As such, the Defendant, by deceiving the victim, received KRW 90 million as a check immediately from the victim, and acquired it by fraud.

2. On December 4, 2009, at a place where the place is unknown, the Defendant made a false statement by phone call to the said victim, stating that “The Defendant borrowed money that requires money such as construction costs, other expenses, etc. to operate an apartment.”

However, there is no intention or ability to repay even if the defendant borrowed money from the victim because the defendant is in progress of apartment construction.

As such, the Defendant, by deceiving the victim, received a total of KRW 65,80,00 from the victim to May 14, 2012, by receiving a total of 35 times transfer from the victim to the agricultural bank account in the name of the Defendant, as stated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant (as of the seventh trial date);

1. Statement made by C of a witness in the second protocol of trial;

1. The defendant's partial statement in the police interrogation protocol dated December 7, 2013 against the defendant

1. The police suspect interrogation protocol of March 27, 2014 against the defendant

1. The defendant's interrogation protocol of the police officer dated April 8, 2014 against the defendant.

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