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(영문) 의정부지방법원 고양지원 2020.02.13 2019고단665
사기
Text

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

Reasons

Punishment of the crime

On August 201, the Defendant made a false statement to the effect that “The Defendant is running the business of publishing E-related books” by phoneing the victim D who spawned through the Internet B and the Defendant’s “C” camera operated by the Internet and Defendant for a few months prior to a few months period, and that “the business fund will be paid at least 10% of the profits accrued from the said business, and at least 10% of the profits accrued from the said business, and the bank will pay the principal within one year.”

However, the Defendant, at the time of the absence of certain income or specially owned assets, was in a financial position to the extent of insufficient living expenses. Accordingly, the Defendant planned to use the money borrowed from the victim as living expenses or children’s private teaching institutes expenses, etc., rather than publishing business. In addition, the publishing business mentioned by the victim was in an early stage and it was difficult to guarantee profits. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the principal and interest that was paid with the business fund as agreed,

On August 8, 2011, the Defendant, by deceiving the victim, received 30,000,000 won from the victim’s account under the name of the Defendant as the borrowed money, and acquired 219,007,630 won in total by either receiving money from the victim or using the credit card of the victim over 50 times from around that time to March 27, 2013 as shown in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Determination as to the Defendant and his/her defense counsel’s assertion on the details of each account (Evidence List Nos. 6 and 7)

1. The summary of the argument does not mean that the Defendant promised to pay interest to the victim, and does not borrow money for a specified purpose as a business fund.

The injured party shall be aware of all the economic circumstances of the accused.

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