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(영문) 서울중앙지방법원 2021.01.21 2020고단4663
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had a debt equivalent to approximately KRW 60 million without any money in 2013, and did not have been promised by the principal to pay the debt on behalf of the principal. Therefore, even if the Defendant borrowed money from the victim B, there was no intention or ability to pay the debt.

1. On July 2013, the Defendant is expelled from school if he/she fails to transfer his/her children’s study expenses to the victim B at the coffee shop near the Dongjak-gu Seoul Metropolitan Nowon-gu Nowon-gu Seoul Metropolitan Government Nowon-gu.

If only 30 million won is available, it is possible to prevent expulsion from being borrowed.In this case, the principal who operates the C Company will pay the loan instead of the principal.

“Falsely speaking,” it received 30 million won from the injured party to the E bank account in the name of D on July 26, 2013 and acquired it by defrauded.

2. On March 13, 2015, the Defendant was detained by the Defendant on the part of the victim at the influence area in Dongjak-gu Seoul Metropolitan Government Nowon-gu.

The money on bail shall be lent to a third party, which will be repaid through a third party.

“Along on March 17, 2015, the Defendant acquired money from the injured party, 31 million won, including KRW 11 million, from the E bank account in the name of the Defendant, from the same day to the Defendant’s corporate bank account on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. He/she shall state B the statement of the defendant in the protocol of interrogation of the suspect;

1. Statement made by the police against B;

1. Each loan certificate, past transaction record inquiry, process certificate, certificate of deposit transaction record, deposit payment certificate, deposit receipt, entrance fee payment statement, overseas remittance data, e-mail, balance certificate, credit information inquiry data [the defendant and the defense counsel did not mislead the defendant to the effect that the defendant would make a substitute repayment to the victim, and did not have a criminal intent to obtain fraud, the facts charged in the instant case shall be denied.

The following circumstances, i.e., the probative value of the victim's statement, which can be known by the above evidence, are as follows.

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