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(영문) 의정부지방법원 2014.03.31 2014고단246
사기
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A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The victim C and the victim D are self-speaks, and the defendant has been aware of for a long time.

1. On October 17, 2011, the criminal defendant against the victim C told the victim to the effect that “The victim would pay back money immediately as he/she borrowed money, because he/she temporarily lacks funds, with a phone called by the victim.”

However, at the time, the Defendant had a debt of KRW 100 million or more, and there was no personal debt of KRW 80 million or more, and as such, even if he borrowed money due to the lack of income, he would be able to make personal consumption on the pretext of living expenses, interest return on other obligations, etc.

Nevertheless, as above, the Defendant, as well as the Defendant, by deceiving the victim and immediately transferred KRW 4 million from the victim, received a total of KRW 17,2140,000 from around that time to April 28, 2013, a total of 280,000,000 from around that time, as described in the attached Table 1.

2. On October 16, 2012, the Defendant, against the victim D, told the victim to the same effect as the statement in paragraph (1) by putting the phone on the victim.

However, at the time, the Defendant had a debt of KRW 100 million or more, and the personal debt of KRW 170,000 or more, and the income accrued therefrom, and thus, it was thought that the Defendant would make personal consumption under the pretext of personal consumption, such as living expenses and interest return on other obligations, even if he/she borrowed money.

Nevertheless, the Defendant, as above, was informed of the victim, and received KRW 9.5 million immediately from the victim, and received KRW 47.5 million in total five times as indicated in the attached Table 2, as well as the remittance of KRW 9.5 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect against the accused by the prosecution (including the whole part, D, and C of statement);

1. Statement of the police with respect to C and D;

1. A detailed statement of passbook transactions (C, January 1, 2011 to April 30, 2013)

1. Details of passbook transactions (D, January 24, 2011- April 30, 2013)

1. Details of each transaction by passbook; and

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