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(영문) 서울중앙지방법원 2018.09.20 2018고단3669
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and C had been living together from around 2011 to the end of 2012, and the Defendant operated the “E” clothes near the Seoul Western-gu D Station, and C performed work together at the above clothes shop.

The Defendant and C, when the real estate owned by the Defendant was provided as collateral, and it exceeded the obligation such as high-rate bonds, and even if borrowed money from others, they did not have the intent or ability to repay the borrowed money and interest, they were not able to operate the above clothes. The Defendant and C, known to the victim F, known to C, was able to obtain money from the damaged person under the pretext of the borrowed money by putting the Defendant and C in mind as if they were sufficiently able to repay.

피고인과 C는 2012. 6. 하순경 위 ‘E’ 옷가게에서, 피해자에게 “ 가게에서 판매할 땡 처리 의류를 구입해야 하는데 부족한 돈을 빌려 주면 이자와 함께 갚겠다.

“The phrase “ was false.”

However, the Defendant and C did not have any intent or ability to repay the principal and interest as agreed even if they borrowed money from the injured party.

Nevertheless, the Defendant and C received a total of KRW 23,70,000 from the injured party on the 27th day of the same month from the injured party, and received a total of KRW 23,70,000 from around that time to September 14, 2012, as indicated in the list of crimes in the attached Table, as above, six times from around that time.

Accordingly, the defendant, in collusion with C, by deceiving the victim, thereby deceiving the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to the complaint (including accompanying documents);

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. It shall be decided as per the disposition for the reason under Article 62 (1) of the Criminal Act, such as the fact that a suspended execution (such as the deposit of KRW 15 million for the victim and the fact that it is against the depth) is conducted;

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