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(영문) 의정부지방법원 2018.10.26 2018고단2817
사기
Text

A defendant shall be punished by imprisonment for four months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On June 10, 2017, the Defendant filed a complaint against the Defendant on June 10, 2017, in the victim B’s residence located in Namyang-si, Namyang-si, with the victim (“D with the loan of KRW 7 million prior to the payment of the said money, and the victim guaranteed D with the loan of KRW 7 million prior to the payment of the said money. However, the Defendant filed a complaint against D without the repayment of the said money.

section 3.

D makes a false statement to "a loan to D with money to be repaid."

However, even if the defendant borrowed the above money from the injured party, he was only thought to use it for the Internet gambling, and there was no plan to repay debts to D as above, and there was no intention or ability to repay the borrowed money to the injured party.

The defendant deceivings the victim as above, and was transferred KRW 7 million to the account in the name of E designated by the defendant on the same day from the victim.

2. On June 13, 2017, the Defendant, at the victim B’s residence as indicated in paragraph (1) of June 13, 2017, deemed that “F is urgently needed” to the victim.

(1) The payment shall be made immediately after the payment

The loan made a false statement to the effect that the loan was made.

However, even if the defendant borrowed the above money from the injured party, he was only thought to use it for the Internet gambling, there was no plan to lend money to D as above, and there was no intention or ability to repay the above borrowed money.

On June 13, 2017, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 1 million to the unsound account in the name of G designated by the Defendant on June 13, 2017; and (c) KRW 4.5 million to the Non-Performing account in the name of E designated by the Defendant on June 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Inquiry of transaction details and application of Acts and subordinate statutes of subparagraph (E);

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 32 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, Applications for Compensation Orders;

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