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(영문) 전주지방법원 2017.05.24 2017고단137
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

Around November 20, 2009, the Defendant stated that “Around November 20, 2017, the Defendant made a false statement to the victim D’s residence located in the apartment of the Dunju-gun of North Korea, stating that “Around November 20, 2009, the Defendant would pay high interest by making an investment to the Don if he/she lends money to the Don, and the principal would be repaid at any time if necessary.”

However, in fact, the defendant did not lend personal bonds to the defendant, and even if the defendant borrowed money from the damaged person in excess of his/her obligation, he/she thought that it would be used to repay other debts, so that he/she did not have an intention or ability to pay high interest or principal at any time.

On November 20, 2009, the Defendant, by deceiving the victim, received KRW 4,000,000 from the victim to the Agricultural Cooperative account under the name of the Defendant on November 20, 2009, and received KRW 1,620,221,50 from the victim 14 up to January 2, 2017, as shown in the attached crime list, from the time to January 2, 2017.

The Defendant, around October 31, 2016, called “2017 Highest 346, the Defendant,” saying, “The Defendant, at around October 31, 2016, sent KRW 13 million to the Agricultural Cooperative account in the name of the Defendant under the name of the Defendant, from the person who believed the Defendant to believe that “the Defendant would give three interest, write down only a short-term motor vehicle, and borrowed money to return”. The Defendant was wired KRW 6 million around October 31, 2016, around December 31, 201, KRW 3 million around December 1, 201, KRW 4 million around May of the same month, to the Agricultural Cooperative account in the name of the Defendant.

However, in fact, the defendant borrowed money from the injured party to pay interest to the obligees because the defendant did not have the intent or ability to pay the principal and interest to the injured party according to the promise.

Accordingly, the defendant deceivings the victim and acquired the above 13 million won.

Summary of Evidence

[2017 Highest 137]

1. Statement by the defendant in court;

1. Each police statement protocol against G, H, I, J, D, K, L, M, N,O, P, Q, R, and S;

1.Each.

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