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(영문) 청주지방법원 2018.07.19 2017고단2416
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant acquired a total of KRW 40 million from the victim C on two occasions as follows.

1. On September 201, 201, the Defendant, at the home of the victim C of Seocho-gu Seoul apartment complex No. 1212, Seocho-gu, Nowon-gu, Seoul Special Metropolitan City on September 201, the Defendant, “If he/she lends the money to the victim, he/she shall be immediately repaid and the interest shall also be paid.

“False speech” was made.

However, at the time of fact, the defendant did not have any intention or ability to repay the above even if he borrowed money from the victim without any particular income or property.

Nevertheless, the defendant deceivings the victim as above and was delivered 11 million won in cash from the victim, i.e., the victim.

2. On November 11, 201, the Defendant borrowed money from the victim at the same place as above before lending money to the victim.

It shall be combined to KRW 10 million, and the interest shall be repaid until the Gu is paid in 2012, and the interest shall also be paid.

“False speech” was made.

However, the Defendant did not have any intent or ability to repay the above even if he borrowed money from the injured party for the foregoing reason.

Nevertheless, the defendant deceivings the victim as above and transferred 29 million won to the Saemaul Treasury account in the name of E under the pretext of borrowing money from the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. Court rulings and prepared documents;

1. Investigation report (report on non-submission of victim C data) and details of transactions;

1. Application of Acts and subordinate statutes governing a copy of the bankbook and demand for cash reimbursement;

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. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. Summary of the assertion

A. Regarding the facts charged No. 1, the Defendant did not borrow 110 million won in cash from the injured party.

However, there is only a fact that the injured party has used money for gambling to the defendant.

B. Article 2 of the facts charged

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