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(영문) 인천지방법원 2016.04.07 2015고단6761
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 24, 2012, the Defendant of the fraud against C said, at the E store operated by the Defendant located in Nam-gu Incheon Metropolitan City, the Defendant stated, “A victim C, who would have to purchase a tenement house, lend money to the Defendant.”

However, even if the defendant borrowed money from the above victim, he did not intend to purchase the apartment house, and was thought to be used for personal purposes, such as living expenses, in excess of the debt at the time.

As above, the Defendant: (a) by deceiving the victim C as above; (b) received KRW 10,00,000 on the same day from the above victim as the Defendant’s account in the name of the Defendant; and (c) received KRW 7,600,000 on November 19, 19 of the same year from the said victim to the F account; and (b) received KRW 20,400,000 in cash around that time; and (c) received KRW 2,400,000 in cash.

2. On February 25, 2013, the Defendant against G: (a) at the above place on February 25, 2013; (b) the victim G had the money collected from the victim G to cover study expenses; and (c) the said money has been repaid.

“.....”

However, in fact, the Defendant did not have any money collected as expenses for studying abroad and did not have any intent or ability to repay the money even if he borrowed money from the injured party.

As above, the Defendant: (a) received from the victim G a transfer of KRW 500,000 to the F’s account under the name of borrowed money from the victim G on the same day; and (b) received from May 20, 2014 a total of KRW 9,550,000 through seven times, as indicated in the crime list, from May 20, 2014.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Part concerning C and G in the suspect examination protocol against the accused in the prosecution;

1. Statement made by the police with respect to C (including G statements);

1. A written additional statement of G;

1. A complaint filed by C and G;

1. A copy of the passbook, a statement of entry and withdrawal, a statement of card use, and a statement of transaction at a bank (H), a new bank (Account I), a FF bank (Account J), and a statement of transaction at A Saemaul Treasury (Account K).

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