(영문) 서울서부지방법원 2016.02.17 2015고단2414

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(영문) 서울서부지방법원 2016.02.17 2015고단2414

사기

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

Reasons

Punishment of the crime

1. On March 27, 2013, the Defendant is to pay back immediately after he/she lent KRW 10 million as teaching expenses are required to provide the victim with waste white food to the Navy, which is operated by the victim D, which is located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Gyeonggi-do, Seoul.

“...”

However, the defendant was thought to use the victim's money to repay his/her personal debt, and even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the money.

As such, the Defendant, by deceiving the victim, received from the victim, i.e., remittance of KRW 10 million from the victim to the account of a national bank (G) bank (G) account in the name of the Defendant, which is the Defendant’s child, from the time around that time to November 12, 2014, and acquired the money by remitting KRW 83 million in total over eight times, such as the statement in the list of crimes committed in attached Table, from around November 2014.

2. The Defendant conspired to obtain money from the above victim with H, the husband of the Defendant, and H, at the place of the above 1.1. on February 27, 2014, at the place of the above 1.2.2, 2014, he/she would make a full payment for 25 months each month if he/she lends 20 million won to the above victim for the purchase of the yacht.

“.........”

However, the defendant and H thought that they will use the victim's personal debt repayment, and they did not have the intent or ability to repay the victim's money even if they borrowed money from the victim due to the excess of the debt as set forth in the above 1.

In collusion with H, the Defendant: (a) conspired with H, by deceiving the victim; (b) received 10 million won from the victim to the new bank account in the name of H as the borrowed money; and (c) obtained the transfer of KRW 10 million on February 28, 2014 to the same account; and (d) acquired the total amount of KRW 20 million from the said account.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The protocol concerning the interrogation of the suspect by the prosecution against the defendant and H

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