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(영문) 의정부지방법원 2019.06.11 2018고단5424
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant, at the District Court on August 30, 2018, was sentenced to a suspended sentence of six months for fraud and two years for the same year.

9.7 The above judgment was finalized.

Around June 2016, the Defendant concluded that “D” operated by the victim C in Macheon-si, Spocheon-si, would be subject to bid by the E Company, and that “If the Defendant borrowed KRW 80 million, the Defendant would pay interest at KRW 10 million every month and would pay the principal after one year.”

However, in fact, the Defendant did not intend to use the money received from the victim in bidding, but planned to lend the money to F with the Defendant’s existing debt repayment to F, Defendant’s father G, branch H, etc., and did not return KRW 50 million received from I on March 2013.

On June 10, 2016, the Defendant received KRW 50 million from the victim’s account in the name of J (Account Number:K) account, and KRW 30 million from the same account on the 11th day of the same month, respectively.

Accordingly, the defendant was given a total of KRW 80 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Details of transactions, such as specifications of transactions, details of deposit transactions, and details of transactions in the Agricultural Cooperative Korea;

1. Previous convictions: The results of inquiry, the US and the results of confirmation, and the judgment as to the assertion of the accused and the defense counsel

1. There was no intention to acquire money as the project did not proceed as the project did not proceed as the intent of the claim, and thus, there was no intention to obtain money.

2. According to the above evidence duly adopted and examined by the court, the following circumstances can be acknowledged.

(1) The Defendant borrowed money from the victim on the ground that money to receive a bid is mother and child, and it may be recognized that the Defendant bid.

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