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(영문) 서울남부지방법원 2019.11.22 2019고단747
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 2017, the Defendant stated that “A” in the Victim C’s House located in Yangcheon-gu Seoul Metropolitan Government is necessary to operate the “D” business. If the Defendant borrowed KRW 10 million, 2% per month interest shall be paid, and if the Defendant subscribed to the fraternity operated by the victim, he/she will complete the payment of the money.”

However, in fact, the Defendant was at the time at KRW 90,000,000, and there was no intention or ability to repay the debt even if he received money from the victim because the Defendant was at the time of every month at the time, and was thought to use the said D business in the form of a “comforcing” by receiving money from the victim.

Nevertheless, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Saemaul Treasury Account in the name of the Defendant on the same day.

2. On July 18, 2017, the Defendant made a false statement to the effect that “The Defendant used KRW 20 million from the limit that he/she joined as of July 28, 2016 on the part of the victim’s house in order to repay the previous obligation to the victim, but changed the amount to KRW 20 million again. If he/she borrowed money, he/she would receive the limit that he/she joined as of July 28, 2016.”

However, the Defendant did not have any intention or ability to repay, even if he received the money from the victim, since he did not have any intention or ability to pay the money, as the Defendant was at the time of the Defendant’s debt amounting to KRW 90,000,000,000.

Nevertheless, the Defendant, by deceiving the victim as such, received 19.6 million won from the victim to the Saemaul Treasury account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A copy of each specification of transactions, credit information history, a suspect's name tag, a certificate of deposit transactions, a promissory note, a copy, and a copy of a note;

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